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 uncertain national and State economies, not only has individuals taking a

second look at spending, but it also has governmental entities reevaluating

spending plans. In response to Governor George H. Ryan’s administrative

order issued September 25, 2001, the Illinois Pollution Control Board is taking

steps to reduce spending. The Board is following restrictions on hiring,

equipment purchases, contracts, travel, and transferring funds. The Board is

making every effort to cut spending while continuing to issue timely and well-

reasoned opinions in contested cases and rulemakings.

Cutting expenses for the Pollution Control Board is difficult because the Board was already operating on a tight

budget when the administrative order was issued. One area where the Board will cut expenses without delaying

Board action is using technology such as videoconferencing. The Board has two members in the Chicago office and

the other five are housed in other areas of the State. By using videoconferencing, the Board is able to reduce travel

expenses while continuing to meet bi-monthly without a majority of the Board Members each traveling hundreds of

miles. In addition to saving on mileage, the Board saves money on hotels, parking, and meals.

Another added benefit to using the videoconferencing is the public now has two locations from which to choose

when attending a Board meeting. Board meetings are generally held on the first and third Thursdays of the month at

the Board’s videoconference room 11-512 in the James R. Thompson Center and in the videoconference room at the

Board’s office in Springfield.

If you need directions to the Board’s offices in Springfield or the James R. Thompson Center in Chicago, you may

contact the Board’s public information officer, Connie Newman at (217)-782-7630 or by email at

newmanc@ipcb.state.il.us.

Claire A. Manning, Chairman

Environmental Register – October 2001

Inside This Issue:

IEPA RESTRICTED STATUS LIST

IEPA CRITICAL REVIEW LIST

Federal Update

United States Environmental Protection Agency Adopts Regulations to Allow Certain Publicly Owned

Treatment Works to Modify Their Pretreatment Programs Under Project XL and the Clean Water Act

On October 3, 2001, USEPA adopted a rule that changes the National Pretreatment Program regulations to allow

Publicly Owned Treatment Works (POTWs) that have completed the Project eXcellence and Leadership (Project

XL) selection process, including Final Project Agreement (FPA) development, to modify their approved local

Pretreatment Programs. 66 Fed. Reg. 50334.

These POTWs will be allowed to modify their programs, and implement the new local programs as described in

their FPAs. In this rule, USEPA recognizes that many POTWs with approved Pretreatment Programs have

mastered the administrative and procedural requirements of the National Pretreatment regulations. Several of these

POTWs want the opportunity to implement local pretreatment programs with effectiveness measured against

environmental results rather than strict adherence to programmatic and administrative measures. These POTWs

have expressed an interest in Project XL to test new pilot ideas that focus resources on activities that they believe

would provide greater environmental benefits than are achieved by complying with current regulatory requirements.

This rule is intended to provide the regulatory flexibility that will enable these and other test programs to move

forward. Currently, five POTWs (including the Metropolitan Water Reclamation District of Greater Chicago

(Chicago)) are actively involved in this Project XL process and have requested flexibility through the Project XL

FPA approval process. The Chicago FPA describes flexibility that includes (1) use of an alternative definition for

categorical industrial user (CIU); (2) reduced self-monitoring and self-reporting requirements for

participating CIUs; and (3) use of alternative monitoring methods.

The final rule became effective October 3, 2001. For further information contact Brian Frazer at 202/564-0599.

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

pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act (415 ILCS 5/7.2, 17.5 (2000)).

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

Pollutants for New and Existing Friction Materials Manufacturing Facilities Under the Clean Air Act

On October 4, 2001, USEPA proposed National Emission Standards for Hazardous Air Pollutants (NESHAPs) for

new and existing friction materials manufacturing facilities. 66 Fed. Reg. 50767.

Some of these facilities, specifically those that perform solvent mixing, have been identified as major sources of

hazardous air pollutants (HAP) including n-hexane, toluene, and trichloroethylene. Exposure to these substances

has been demonstrated to cause adverse health effects such as irritation of the lungs, skin, mucous membranes, and

effects on the central nervous system, liver, and kidney. These proposed standards would implement Section 112(d)

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

. (2000)) by requiring all major sources to meet HAP

Environmental Register – October 2001

emission standards reflecting the application of the maximum achievable control technology. Implementation of

these proposed standards will reduce HAP emissions by approximately 340 tons per year.

For further information contact Kevin Cavender at 919/541-2364; e-mail address: cavender.kevin@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 Emission Standards for Several Groups of Non-

road Large Spark Ignition Engines and Recreational Engines Under the Clean Air Act

On October 5, 2001, USEPA proposed emission standards for several groups of non-road engines that cause or

contribute to air pollution, but which have not yet been regulated by USEPA. 66 Fed. Reg. 51097.

The proposed standards include large spark-ignition engines such as those used in forklifts and airport tugs;

recreational vehicles using spark-ignition engines such as off-highway motorcycles, all-terrain vehicles, and

snowmobiles; and recreational marine diesel engines. Nationwide, engines and vehicles in these various categories

contribute to ozone, carbon monoxide (CO), and particulate matter (PM) non-attainment. These pollutants cause a

range of adverse health effects, especially in terms of respiratory impairment and related illnesses.

The proposed standards will help states achieve air quality standards. In addition, the proposed standards will help

reduce acute exposure to CO, air toxics, and PM for operators and other people close to the emission source. They

will also help address other environmental problems, such as visibility impairment in our national parks.

USEPA expects that manufacturers will be able to maintain or even improve the performance of their products

when producing engines and equipment meeting the proposed standards. In fact, many engines would substantially

reduce their fuel consumption, partially or completely offsetting any costs associated with the emission standards.

Overall, USEPA estimates the gasoline-equivalent fuel savings associated with the anticipated changes in

technology resulting from this rule would be about 730 million gallons per year once the program is fully phased in.

The proposal also has several provisions to address the unique limitations of small-volume manufacturers.

For further information contact Margaret Borushko at 734/214-4334; e-mail: borushko.margaret@epa.gov.

If USEPA adopts these proposed rules, and amendments to the State’s 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 Clean Water Act Guidelines Establishing Test

Procedures for the Analysis of Pollutants; Measurement of Mercury in Water

On October 9, 2001, USEPA proposed modifications to USEPA Method 1631, Revision C: Mercury in Water by

Oxidation, Purge and Trap, and Cold Vapor Atomic Fluorescence Spectrometry (Method 1631C), which measures

mercury in aqueous samples. 66 Fed. Reg. 51517.

The proposed modifications would require use of certain “clean techniques” and quality control requirements when

using the test method. USEPA is proposing the modification in order to fulfill obligations under a Settlement

Agreement designed to resolve litigation challenging an earlier USEPA rulemaking that standardized this test

method. The proposed modifications are intended to improve performance of USEPA Method 1631C by reducing

opportunities for contamination during sample collection and analysis. USEPA is proposing revisions to this test

method based on comments received from method users following method approval.

For further information contact Maria Gomez-Taylor, Ph.D. 202/260- 1639; e-mail address: gomez-

taylor.maria@epa.gov.

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

Environmental Register – October 2001

(33 U.S.C. §§ 1251

. (2000)), 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 28.2 of the

Environmental Protection Act (415 ILCS 5/27, 28.2 (2000)).

United States Environmental Protection Agency Proposes Revisions to Resource Conservation and Recovery

Act Hazardous Waste Permitting Program for Facilities that Generate and Manage Hazardous Waste

On October 12, 2001, USEPA proposed revisions to the Resource Conservation and Recovery Act (RCRA) (42

U.S.C. §§ 6901

. (2000)) hazardous waste permitting program. These would allow for a “standardized

permit” for facilities that generate hazardous waste and then manage the waste in units such as tanks, containers,

and containment buildings. 66 Fed. Reg. 52191.

The proposed revision to the RCRA permitting program reflects one of the recommendations of USEPA's special

task force, known as the Permits Improvement Team (PIT), which was convened to evaluate permitting activities

and to make specific recommendations to improve these activities. USEPA believes the standardized permit should

streamline the permit process by allowing facilities to obtain and modify permits more easily while maintaining the

protectiveness currently existing in the individual RCRA permit process.

USEPA is also soliciting comment on two issues related to RCRA treatment, storage, and disposal facilities.

USEPA is requesting comment on how all facilities receiving permits (standardized, individual, and permits by rule)

can satisfy RCRA corrective action requirements by conducting cleanup under the direction of appropriate

alternative state cleanup programs. USEPA is also requesting comment on the conclusions about captive insurance

in a March 2001 report by USEPA's Inspector General, and on a requirement that insurers that provide financial

assurance for hazardous waste and PCB facilities have a minimum rating from commercial rating services.

Comments on this proposal must be submitted to USEPA by December 11, 2001. Persons wishing to comment on

this proposal must send an original and two copies of their comments, referencing docket number F- 2001-SPRP-

FFFFF to: RCRA Docket Information Center, Office of Solid Waste (5305G), U.S. Environmental Protection

Agency Headquarters (EPA, HQ), 1200 Pennsylvania Avenue, NW, Washington, DC 20460. Comments may also

be submitted electronically through the Internet to: rcra-docket@epamail.epa.gov.

For further information contact Vernon Myers at 703/308-8660; e-mail address: Myers.Vernon@epa.gov.

If rules are adopted by USEPA, the Board will include any necessary amendments to its rules in a future RCRA

identical in substance rulemaking pursuant to Sections 7.2 and 22.4 of the Environmental Protection Act (415 ILCS

5/7.2, 22.4 (2000)).

United States Environmental Protection Agency in Final Rule Revises Total Maximum Daily Load and

National Pollutant Discharge Elimination System Program Regulations and Amends and Clarifies Existing

Regulations of the Clean Water Act

On October 18, 2001, USEPA in a final rule established April 30, 2003 as the effective date of the revisions to its

Total Maximum Daily Load (TMDL) and National Pollutant Discharge Elimination System Program (NPDES)

regulations published in the

Federal Register

on July 13, 2000. The July 2000 rule amended and clarified existing

regulations implementing Section 303(d) of the Clean Water Act (CWA) (33 U.S.C. §§ 1251

. (2000)), which

requires states to identify waters that are not meeting state water quality standards and to establish pollutant budgets,

called TMDLs, to restore the quality of those waters. 66 Fed. Reg. 53043.

The revisions set out specific time frames under which USEPA will assure that lists of waters not meeting water

quality standards (the 303(d) lists) and TMDLs are completed as scheduled, and that necessary point and non-point

source controls are implemented to meet TMDLs. In addition, the revised rule amends 40 C.F.R. 130.7(d)(1),

currently in effect, to change the date on which states are required to submit the next list of impaired waters from

April 1, 2002 to October 1, 2002. This new date will provide states that want to do so the time to incorporate some

or all of the recommendations suggested by USEPA in a forthcoming guidance entitled: 2002 Integrated Water

Quality Monitoring and Assessment Report Guidance, which is currently undergoing a final review.

Environmental Register – October 2001

For further information contact Francoise M. Brasier at 202/401- 4078.

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 CWA, 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 28.2 of the Environmental Protection Act (415 ILCS 5/27, 28.2 (2000)).

United States Environmental Protection Agency Adopts Direct Final Rule for Revision to Resource

Conservation and Recovery Act Criteria for Classification of Solid Waste Disposal Facilities and Practices

and Criteria for Municipal Solid Waste Landfills: Disposal of Residential Lead-Based Paint Waste

On October 23, 2001, USEPA adopted revisions to the definition of “municipal solid waste landfill unit” in both the

criteria for classification of Solid Waste Disposal Facilities and practices and the criteria for Municipal Solid Waste

Landfills. 66 Fed. Reg. 53566.

In order to help accelerate the pace of lead-based paint removal from residences, thereby reducing exposure to

children and adults from the health risks associated with lead, USEPA also added two new definitions for

“construction and demolition landfill” and “residential lead-based paint waste.”

This rule would expressly allow residential lead-based paint waste to be disposed of in construction and demolition

landfills by clearly stating that a construction and demolition landfill accepting residential lead-based paint waste,

and no other household waste, is not a municipal solid waste landfill unit. The rule would not prevent municipal

solid waste landfill units from continuing to receive residential lead-based paint waste.

USEPA is approving these definitions as a direct final rule without prior proposal because the rule is viewed as a

non-controversial action and no adverse comment is anticipated. USEPA has explained the reasons for this

approval in the preamble to the direct final rule. If USEPA does not receive any adverse comment, it will not take

further action on this proposed rule. If adverse comment is received, the direct final rule will be withdrawn and will

not take effect.

Written comments must be received by November 23, 2001. Parties wishing to comment must send an original and

two copies of their comments referencing docket number F-2001-LBPP-FFFFF to RCRA Docket Information

Center, Office of Solid Waste (5305G), U.S. Environmental Protection Agency Headquarters (EPA, HQ), Ariel

Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0002. Comments may also be submitted

electronically through the Internet to: rcra-docket@epa.gov.

For further information contact Sue Nogas at 703/308-7251; e-mail address: nogas.sue@epa.gov.

United States Environmental Protection Agency Proposes Modification of Significant New Uses of Certain

Chemical Substances under the Toxic Substances Control Act

On October 30, 2001, USEPA proposed amendments under Section 5(a)(2) of the Toxic Substances Control Act

(TSCA) (15 U.S.C. §§ 2601

. (2000)) and 40 C.F.R. 721.185. These would amend three significant new use

rules (SNURs) to allow certain uses without requiring a significant new use notice (SNUN). 66 Fed. Reg. 54742

USEPA is proposing these amendments based on review of new toxicity test data on one chemical and review of

SNUNs for two other chemicals. The proposed amended SNURs would continue to require a SNUN for new uses

that may involve significant changes in human or environmental exposure.

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

Environmental Register – October 2001

Rule Update

Board Adopts Proposal for Public Comment in Wastewater Pretreatment Update, USEPA Amendments

(January 1, 2001 through June 30, 2001), R02-3

On October 4, 2001, the Board proposed for public comment amendments to the Illinois regulations that are

identical in substance to the wastewater pretreatment regulations that USEPA adopted pursuant to Sections 307(b),

(c), and (d) and 402(b)(9) of the federal Water Pollution Control Act (33 U.S.C. §§ 1317(b), (c), (d), 1342(b)(9)

(1994)). Included are amendments that USEPA adopted during the period of January 1, 2001 through June 30,

2001. USEPA amended its wastewater pretreatment regulations six times during that period: January 16, 2001 (66

Fed. Reg. 3466); January 22, 2001 (66 Fed. Reg. 3770); May 15, 2001 (66 Fed. Reg. 26795); June 8, 2001 (66 Fed.

Reg. 30807); June 18, 2001 (66 Fed. Reg. 32774); and June 20, 2001 (66 Fed. Reg. 33134).

Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/7.2, 13.3 (2000)) provide for quick

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

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

Procedure Act (5 ILCS 100/5-35, 5-40 (2000)), do not apply to the Board’s adoption of identical in substance

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

Administrative Rules.

The proposal for public comment was published on October 26, 2001 (25 Ill. Reg. 13373). The Board will accept

written public comment for at least 45 days after the date of publication in the

Illinois Register

comment period will expire on December 10, 2001.

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

mccambm@ipcb.state.il.us.

Board Adopts Proposal for Public Comment in SDWA Update, USEPA Amendments (January 1, 2001

through June 30, 2001), R02-5

On October 4, 2001, the Board proposed for public comment amendments to the Illinois regulations that are

identical in substance (IIS) to the National Primary Drinking Water regulations adopted by the United States

Environmental Protection Agency (USEPA). These regulations implement Sections 1412(b), 1414(c), 1417(a), and

1445(a) of the federal Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300g-1(a), 300g-3(c), 300g-6(a), and 300j-

The amendments were proposed pursuant to Section 17.5 of the Environmental Protection Act (Act) (415 ILCS

5/17.5 (2000)), which provides for quick adoption of regulations that are IIS federal regulations that USEPA adopts

to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the SDWA. Section 17.5 also provides that Title

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

the Board’s adoption of IIS regulations. The federal SDWA regulations are found at 40 C.F.R. 141 through 143.

This docket includes federal SDWA amendments that USEPA adopted in the period January 1, 2001 through June

In this action, the Board proposed amendments to the State’s primary drinking water standards for arsenic and filter

backwash recycling. In its opinion, the Board explained that USEPA has twice delayed the effective date of various

aspects of the arsenic rule. The current effective date is February 22, 2002. The purpose of the delay is to allow

USEPA to, in its words, “reassess the scientific and cost issues associated with the arsenic rule” (66 Fed. Reg.

28342 (May 22, 2001)). The Board further explained that it would act promptly to incorporate into the Board’s

rules any additional federal changes in the arsenic rules or their effective dates to assure that the Illinois drinking

water regulations remain consistent with the federal rules.

Environmental Register – October 2001

The proposal was published in the

Illinois Register

on October 26, 2001 (25 Ill. Reg. 13382). The Board will

accept written public comment for at least 45 days after the date of publication. The public comment period will

expire on December 10, 2001.

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

mccambm@ipcb.state.il.us.

Board Adopts Identical-in-Substance Amendments in Safe Drinking Water Act (SDWA) Update, USEPA

Regulations (July 1, 2000 through December 31, 2000), R01-20

On October 4, 2001, the Board adopted amendments to the Illinois regulations that are identical in substance (IIS) to

the National Primary Drinking Water regulations adopted by the United States Environmental Protection Agency

(USEPA). The regulations implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the federal Safe Drinking

Water Act (SDWA) (42 U.S.C. §§ 300g-1(a), 300g-3(c), 300g-6(a), and 300j-4(a) (1994)). The final rule was

published in the

Illinois Register

on October 26, 2001 (25 Ill. Reg. 13611).

The amendments were proposed pursuant to Section 17.5 of the Environmental Protection Act (Act) (415 ILCS

5/17.5 (2000)), which provides for quick adoption of regulations that are IIS to federal regulations that USEPA

adopts to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the SDWA. Section 17.5 also provides that

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

to the Board’s adoption of IIS regulations. The federal SDWA regulations are found at 40 C.F.R. §§ 141 through

143. This docket includes federal SDWA amendments that USEPA adopted in the period July 1, 2000 through

December 31, 2000.

Notice of the proposed amendments appeared in the

Illinois Register

on July 13, 2001 (25 Ill. Reg. 8531). The 45-

day public comment period ended on August 23, 2001. The Board received public comments from the Illinois

Environmental Protection Agency and USEPA.

In this action, the Board adopted new monitoring requirements for uranium, a previously unregulated contaminant,

combined radium, and gross alpha particle, beta particle, and photon radioactivity.

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

mccambm@ipcb.state.il.us.

Board Actions

October 4, 2001

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

R01-20 In the Matter of: SDWA 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 public water supply

R02-3 In the Matter of: Wastewater Pretreatment Update, USEPA Amendments

(January 1, 2001 through June 30, 2001) – The Board adopted a proposal for

public comment in this “identical-in-substance” rulemaking to amend the

Board’s wastewater pretreatment regulations.

Environmental Register – October 2001

R02-5 In the Matter of: SDWA Update, USEPA Amendments (January 1, 2001

through June 30, 2001) – The Board adopted a proposal for public comment in

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

supply regulations.

Administrative Citations

AC 00-28 County of Sangamon v. William Maulding and Carolyn Maulding – The Board

granted complainant’s motion for voluntary dismissal of this administrative

citation involving a Sangamon County facility.

AC 01-38 County of Macon v. Macon County Landfill – The Board dismissed this action

for complainant’s failure to timely effectuate service upon respondent as

required by Section 31.1(b) of the Environmental Protection Act (415 ILCS

5/31.1(b) (2000)).

AC 02-2 IEPA v. Nordean and Susan Simons d/b/a Berman Auto Parts – The Board

denied respondents’ motion to stay administrative citation proceedings and

ordered this matter to proceed to hearing.

AC 02-6 IEPA v. Larry Beam – The Board found that this Henry County respondent

violated Sections 21(p)(1), (p)(3) and (p)(7) of the Act (415 ILCS 5/21(p)(1),

(p)(3), (p)(7) (2000)), and ordered respondent to pay a civil penalty of $4,500

PCB 00-176 People of the State of Illinois v. Benton & Associates, Inc. and Petersburg

Plumbing and Heating – In this public water supply enforcement action

concerning a Sangamon County facility, the Board granted relief from the

hearing requirement of Section 31(c)(1) of the Environmental Protection 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 $7,500, and to cease and desist from further violations. The

parties filed a proposed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement as to the remaining

respondent, Petersburg Plumbing and Heating, the Board ordered publication of

the required newspaper notice.

PCB 01-11 People of the State of Illinois v. Reichhold, Inc. – The Board granted the parties’

motion to amend the stipulation and proposal for settlement accepted by order of

August 24, 2000 and incorporated by reference the stipulations and proposed

settlement as (1) accepted in the Board’s order of August 24, 2000, and (2) as

contained in the parties’ May 22, 2001 motion to amend.

Environmental Register – October 2001

PCB 02-26 People of the State of Illinois v. Pritzker Realty Group, L.P. and PDA Corp. – 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

Environmental Protection 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 $7,500, and to cease and desist from further violations.

Provisional Variance

PCB 02-43 Berlin Industries v. IEPA – Upon receipt of an Illinois Environmental Protection

Agency recommendation, the Board granted this DuPage County facility a 45-

day provisional variance, subject to conditions, from the air pollution control

requirements set forth in 35 Ill Adm. Code 218.407(a)(1)(C), 218.407(a)(1)(E),

and Part 203 and conditions 7.1.3(f)(i)(C), 7.1.3(f)(i)(E), and 7.1.6(a) of

petitioner’s Clean Air Act permit.

Motions and Other Matters

PCB 97-191 People of the State of Illinois v. Galva Foundry Company - The Board granted

complainant’s motion for voluntary dismissal of this Resource Conservation

and Recovery Act enforcement action involving a Henry County facility.

PCB 00-122 People of the State of Illinois v. City of Lawrenceville – 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 Lawrence County facility, the Board ordered publication of

the required newspaper notice.

PCB 01-76 People of the State of Illinois v. John Crane, 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.

PCB 01-138 Larry R. Manns v. IEPA – The Board granted petitioner’s motion for voluntary

dismissal of this underground storage tank appeal involving a Madison County

PCB 01-172 CCL Custom Manufacturing, Inc. v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this permit appeal involving a Vermilion

County facility.

PCB 02-4 City of Streator v. IEPA – The Board granted the Illinois Environmental

Protection Agency’s motion to withdraw and substitution of counsel and for

extension of time to file recommendation.

Environmental Register – October 2001

PCB 02-30 People of the State of Illinois v. Meridian Development Corporation – The

Board accepted for hearing this water enforcement action involving a Lake

County facility.

PCB 02-36 People of the State of Illinois v. City of Golconda, Brown, Roffman & Roberts,

Inc., and Forby Excavating, Inc. – The Board accepted for hearing this public

water supply enforcement action involving a Pope County facility.

PCB 02-37 People of the State of Illinois v. Crop Production Services, Inc., AEH

Construction, Inc., and Gunther Construction Company – 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

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

PCB 02-38 Mecalux Illinois, Inc. v. IEPA – The Board granted this request for a 90-day

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

PCB 02-39 Forest Preserve District of Cook County 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.

PCB 02-40 Village of Round Lake Park v. IEPA – The Board granted petitioner’s motion

for leave to file exhibit “A” to petition for variance at a later date.

October 18, 2001

Via Video Conference Between

Springfield and Chicago, Illinois

Administrative Citations

AC 02-6 IEPA v. Larry Beam – The Board granted complainant’s motion for

reconsideration and vacated the Board’s October 4, 2001 order finding a

violation and imposing a penalty. The Board dismissed this administrative

citation for complainant’s failure to timely effectuate service upon respondent as

required by Section 31.1(b) of the Environmental Protection Act (415 ILCS

5/31.1(b) (2000)).

AC 02-7 IEPA v. Terry and Latisha Springer – The Board ordered respondents to file an

amended petition for review no later than November 22, 2001.

Environmental Register – October 2001

AC 02-8 IEPA v. Terry Baker d/b/a Baker Excavating – The Board found that this

Franklin County respondent violated Sections 21(p)(1), (p)(3) and (p)(7) of the

Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2000)), and ordered respondent to pay

a civil penalty of $4,500.

PCB 00-122 People of the State of Illinois v. City of Lawrenceville, John A. Gordon, P.E.,

and Gordon & Price, Inc. – In this public water supply enforcement action

concerning a Lawrence County facility, the Board granted relief from the

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

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

agreement for the City of Lawrence (Lawrence) only, ordered Lawrence to

perform a $2,000 Supplemental Environmental Project as a penalty, and to cease

and desist from further violations. This matter shall proceed to hearing as to the

other respondents.

PCB 01-5 People of the State of Illinois v. Roecker Cabinets Incorporated d/b/a Roecker

Cabinet & Millwork – In this Resource Conservation and Recovery Act

enforcement action concerning a Tazewell County facility, the Board granted

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

Protection 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

$7,500, and to cease and desist from further violations.

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. – The Board affirmed the April 18, 2001 decision

by the Board of Trustees of the Village of Fairmont City to grant local siting

approval for the expansion of Waste Management of Illinois, Inc.’s Milam

Recycling and Disposal Facility.

PCB 02-16 City of Chicago Department of Water v. IEPA – The Board granted petitioner a

variance, subject to conditions from 35 Ill. Adm. Code 611.744 and 611.745,

which relate to installing and collecting data from turbidity monitors for its two

water purification plants, Jardine Water Purification Plant and South Water

Purification Plant, Cook County, Illinois.

PCB 02-29 People of the State of Illinois v. Bob Nickel d/b/a Nickel Agri-Service – In this

water enforcement action concerning a Morgan County facility, the Board

granted relief from the hearing requirement of Section 31(c)(1) of the

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 $5,000, and to cease and desist from further violations.

Environmental Register – October 2001

Motions and Other Matters

PCB 97-150 McKay Contractors, Inc. v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a Cook

County facility.

People of the State of Illinois v. Panhandle Eastern Pipe Line Company – The

Board denied complainant’s motions to reconsider the Board’s February 1, 2001

order affirming the hearing officer’s ruling to exclude the People’s Exhibit 5

from evidence and to strike portions of respondent’s response brief. The Board

granted complainant’s motion to waive the 50-page limit of 35 Ill. Adm. Code

101.302(k) for reply briefs.

Curtis Masterson v. City of Fairfield; Kenneth Boster v. City of Fairfield – The

Board granted complainants’ motion for voluntary dismissal of this consolidated

citizen enforcement action involving a Wayne County facility.

PCB 00-146 C.C. Dillon Company (Raceway Gas & Food) v. Office of the State Fire

Marshal – The Board denied petitioner’s motion for summary judgment and

granted respondent’s motion for summary judgment.

ESG Watts, Inc. v. IEPA – The Board granted petitioner’s oral motion to

consolidate these matters for purposes of hearing.

PCB 01-21 Michael E. Mellon and Rebecca J. Mellon v. Illinois Department of

Transportation – The Board granted complainant’s motion for voluntary

dismissal of this citizens enforcement action involving a Cook County facility.

PCB 01-151 People of the State of Illinois v. Diamond Plating Company – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this Resource Conservation and Recovery

Act enforcement action involving a Madison County facility, the Board ordered

publication of the required newspaper notice.

PCB 02-2 Barry Amoco, 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 Grundy County facility.

Environmental Register – October 2001

PCB 02-32 Village of Grayslake v. Winds Chant Kennel – 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. The Board also granted

the Village of Grayslake’s motion to consolidate this matter with Doris Glave v.

Brent Harris, Patty Harris, and Winds Chant Kennel, Inc., PCB 02-11.

PCB 02-34 L. Keller Oil Properties, Inc. v. IEPA – The Board granted petitioner’s motion

for voluntary dismissal of this underground storage tank appeal involving a

Coles County facility.

PCB 02-42 City of Canton v. IEPA – The Board accepted for hearing this request for

variance from turbidity involving a Fulton County public water supply.

PCB 02-44 Amoco Oil Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Lake County facility.

PCB 02-45 Heritage Environmental Services, Inc. v. IEPA – The Board granted this request

for a 90-day extension of time to file a permit appeal on behalf of this Cook

County facility.

PCB 02-46 Marcley Oil Company v. IEPA – The Board granted this request for a 90-day

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

Kane County facility.

PCB 02-47 Pacella & Sons v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Cook County facility.

PCB 02-48 Economy Mechanical Industries, Inc. v. IEPA – The Board granted this request

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

behalf of this Lake County facility.

October 4, 2001 Board Meeting

People of the State of Illinois v. City of Golconda, Brown, Roffman & Roberts, Inc., and Forby Excavating,

Inc. – The Board accepted for hearing this public water supply enforcement action involving a Pope County facility.

Environmental Register – October 2001

People of the State of Illinois v. Crop Production Services, Inc., AEH Construction, Inc., and Gunther

Construction Company – 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 Knox County facility, the

Board ordered publication of the required newspaper notice.

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

appeal on behalf of this Cook County facility.

Forest Preserve District of Cook County 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.

Village of Round Lake Park v. IEPA – The Board granted petitioner’s motion for leave to file exhibit “A” to

petition for variance at a later date.

Milton C. and Virginia L. Kamholz v. Lawrence and Mariane Sporleder – The Board held for a later

duplicitous/frivolous determination this citizens air and noise enforcement action involving a McHenry County

City of Canton v. IEPA – No action taken.

Berlin Industries v. IEPA – Upon receipt of an Illinois Environmental Protection Agency recommendation,

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

pollution control requirements set forth in 35 Ill Adm. Code 218.407(a)(1)(C), 218.407(a)(1)(E), and Part 203 and

conditions 7.1.3(f)(i)(C), 7.1.3(f)(i)(E), and 7.1.6(a) of petitioner’s Clean Air Act Permit.

County of Sangamon v. Trust TR-98-202, Mark K. Vincent, Trustee and Frank Reynolds – The Board

accepted an administrative citation against these Sangamon County respondents.

County of LaSalle v. Dave Eiben – The Board accepted an administrative citation against this LaSalle

County respondent.

Ogle County v. Gerald A. Martin d/b/a Martin & Co. Excavating, and Kenneth E. Sheely – The Board

accepted an administrative citation against these Ogle County respondents.

October 18, 2001 Board Meeting

Amoco Oil Company v. IEPA – The Board accepted for hearing this underground storage tank appeal

involving a Lake County facility.

Heritage Environmental Services, Inc. v. IEPA – The Board granted this request for a 90-day extension of

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

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

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

Pacella & Sons v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a

Cook County facility.

Economy Mechanical Industries, Inc. v. IEPA – The Board granted this request for a 90-day extension of

time to file an underground storage tank appeal on behalf of this Lake County facility.

IEPA v. Charles White – The Board accepted an administrative citation against this Stephenson County

IEPA v. Knox County Landfill Committee – The Board accepted an administrative citation against this

Knox County respondent.

Environmental Register – October 2001

Illinois Pollution Control Board Meeting Videoconference

James R. Thompson Center

100 West Randolph Street

Illinois Pollution Control Board

600 South Second Street

PCB 00-163 David and Jacquelyn McDonough v.

St. Clair County Building

10 Public Square

PCB 00-219 Stephen G. Brill v. Henry Latoria d/b/a

TL Trucking Foodliner

James R. Thompson Center

100 West Randolph Street

PCB 02-4 City of Streator v. IEPA LaSalle County Courthouse

119 West Madison Street

PCB 02-4 City of Streator v. IEPA LaSalle County Courthouse

119 West Madison Street

Illinois Pollution Control Board Meeting Videoconference

James R. Thompson Center

100 West Randolph Street

Illinois Pollution Control Board

600 South Second Street

PCB 02-14 Ila M. Neathery and Denise C. Fleck v.

Greg and Karen Bouillon d/b/a Thirsty’s

and Terrill L. and Sarah E. Loving

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

Illinois Pollution Control Board Meeting Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

PCB 00-206 ESG Watts, Inc. (Sangamon Valley

Landfill) v. IEPA (Consolidated with

PCB 00-207, PCB 00-208, PCB 01-62,

PCB 01-63, and PCB 01-64)

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

Environmental Register – October 2001

PCB 00-180 People of the State of Illinois v. Jacobs

Energy Corporation

County Building

Conference Room, 3rd Floor

1504 Third Avenue

PCB 00-206 ESG Watts, Inc. (Sangamon Valley

Landfill) v. IEPA (Consolidated with

PCB 00-207, PCB 00-208, PCB 01-62,

PCB 01-63, and PCB 01-64)

Illinois Pollution Control board

Hearing Room 403

600 South Second Street

PCB 00-180 People of the State of Illinois v. Jacobs

Energy Corporation

County Building

Conference Room, 3rd

1504 Third Avenue

PCB 00-206 ESG Watts, Inc. (Sangamon Valley

Landfill) v. IEPA (Consolidated with

PCB 00-207, PCB 00-208, PCB 01-62,

PCB 01-63 and PCB 01-64)

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

ESG Watts, Inc. (Sangamon Valley

Landfill) v. IEPA (Consolidated with

PCB 00-207, PCB 00-208, PCB 01-62,

PCB 01-63 and PCB 01-64

Illinois Pollution Control Board

Hearing Room 403

600 South Second 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

PCB 01-54 Richard G. Cotterman v. Jackson Farms Illinois Pollution Control Board

Hearing room 403

600 South Second street

PCB 01-54 Richard G. Cotterman v. Jackson Farms

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

AC 01-29 IEPA v. Leslie Yocum, Sandra Yocum,

Rick L. Yocum and Shawna B. Yocum

(Birmingham/Yocum #1) IEPA Docket

No. 063-01-AC (Consolidated with AC

Schuyler County Courthouse

102 South Congress

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 – October 2001

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

Illinois Pollution Control Board Meeting James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Environmental Register – October 2001

IEPA Restricted Status List

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

In order to comply with 35 Ill. Adm. Code Section 306.401, Illinois Pollution Control Board Regulations, the

Illinois Environmental Protection Agency has prepared the following list of facilities which are on Restricted Status.

Restricted Status is defined as the Agency determination that a sewer or lift station has reached hydraulic capacity

or that a sewage treatment plant has reached design capacity, such that additional sewer connection permits may no

longer be issued without causing a violation of the Environmental Protection 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 September 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

RESPONSIBLE AUTHORITY

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

Camelot Utilities

Wastewater Collection System

Camelot Utilities Will 0

(a portion mh 60-68)

Village of Camp Point Adams 0

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

East Alton City of East Alton Madison 0

Farmington City of Farmington Fulton 0

Hinckley STP Village of Hinckley DeKalb 0

Hurst & Blairville Collection

City of Hurst Williamson 0

Maple Lawn Homes STP Maple Lawn Homes Woodford 0

Port Byron STP Village of Port Byron Rock Island 0

Rosewood Heights S.D.-

Ninth Street LS

Rosewood Heights S.D. Madison 0

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

Streator STP City of Streator LaSalle/Livingston 0

Taylorville-Shawnee Ave.

City of Taylorville Christian 0

Utilities Unlimited Utilities Unlimited Will 0

Washington (Rolling Meadows) City of Washington Tazewell 0

Wauconda-Larksdale LS Village of Wauconda Lake 0

Winnebago-SS overflow to

Westfield LS; East 4 blocks of

Village of Winnebago Winnebago 0

Deletions from previous quarterly report: 0

Environmental Register – October 2001

IEPA Critical Review List

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

In order to comply with 35 Ill. Adm. Code Section 306.401, Illinois Pollution Control Board Regulations, the

Illinois Environmental Protection Agency has prepared the following list of facilities which are on Critical Review.

Critical Review is defined as the Agency determination that a sewer or lift station is approaching hydraulic capacity

or that a sewage treatment plant is approaching design capacity such that additional sewer connection permit

applications will require close scrutiny to determine whether issuance would result in a violation of the

Environmental Protection 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 September 30, 2001.

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

Antioch STP Village of Antioch Lake 1,890 18

Athens STP City of Athens Menard 72 0

Beardstown SD City of Beardstown Cass 1,769 0

Benton-Southeast STP City of Benton Franklin 60 0

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

Bonnie Brae Forest

Bonnie Brae Forest

Carrier Mills Village of Carrier Mills Saline 836 0

Carrollton City of Carrollton Greene 140 0

Chester STP City of Chester Randolph 485 0

Citizens Utilities Co. of Ill.-

Derby Meadows Utility

Citizens Utilities Co.

Citizens Utilities Co. of Ill.-

Citizens Utilities Co.

Dakota Village of Dakota Stephenson 90 0

Downers Grove S.D. Downers Grove S.D. DuPage 4,239 156

Earlville City of Earlville LaSalle 120 0

East Dundee STP Village of E. Dundee Kane 577 88

Elkville Village of Elkville Jackson 6 0

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

Herscher Village of Herscher Kankakee 281 0

County of Lake Public

Works Department

Lake Barrington Home

Owners Assn. STP

Lake Barrington Home

Lindenhurst S.D. Village of Lindenhurst Lake 885 0

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

Morris STP City of Morris Grundy 0 0

Mundelein STP Village of Mundelein Lake 0 0

Environmental Register – October 2001

Paris STP City of Paris Edgar 1,681 0

Plainfield STP Village of Plainfield Will 0 1,276

Rock Island (Main) City of Rock Island Rock Island 4,683 0

Sandwich Village of Sandwich DeKalb/Kendall 464 217

Thompsonville STP Village of Thompsonville Franklin 0 0

Wauconda – Remaining

Collection System

& Lakeview Villa LS

Village of Wauconda Lake *** 0

Deletions from previous quarterly report: 0

***Contact IEPA – Permit Section

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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.

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Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704