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

Web Site: http://www.ipcb.state.il.us
1. _
  1. _
    1. _
  2. Federal Update
United States Environmental Protection Agency Proposes Revisions to National Ambient Air Quality Standards for Ozone Under the Clean Air Act in Response to Remand from the United States Court of Appeals for the District of Columbia Circuit
United States Environmental Protection Agency Proposes Supplemental Regulatory Amendments to the Corrective Action Management Unit Rule Under the Resource Conservation and Recovery Act
1. _
  1. _
    1. _
      - _
2. In the Matter of: Amendments to Regulation of Pe
Administrative Citations
1. IEPA v. James Day – The Board entered an order re
Decisions

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 Illinois Pollution Control Board welcomes Michael A. Tristano. His term

begins December 1, 2001. Tristano has an extensive background in State

government having served as the Chief of Staff to the Republican Leader of the

Illinois House, Director of the Illinois Department of Central Management

Services, and Executive Director of the Illinois Department of Public Aid. He

has also served as the Vice Chancellor and Executive Vice Chancellor for

Administration and Human Resources at the University of Illinois-Chicago.

Tristano has an MBA from the University of Illinois at Champaign-Urbana, an

MS in Political Science from Illinois State University, and a BS in Social

Science from Illinois State University.

On November 14, 2001, the Senate confirmed Tristano’s and Thomas E. Johnson’s appointments, as well as my

reappointment as Chairman. Johnson’s appointment was effective July 1, 2001. My new term was also effective

July 1, 2001. I was first appointed to the Board and designated Chairman in 1993.

The Board looks forward to working with Member Tristano. His extensive background in State government and

strong educational background in business administration, public policy analysis, and political science will be an

asset to the Board in its mission to shape environmental policy in Illinois.

Tristano replaces former Board Member Elena Z. Kezelis who has been named Executive Director of the Illinois

Environmental Regulatory Research Commission (IERRC) effective December 1, 2001.

At this time I would like to take this opportunity to update you on the IERRC. Governor Ryan created the IERRC

to recommend improvements to Illinois’ core statute for protecting the environment, the Environmental Protection

Act (Act) (415 ILCS 5/1

). The IERRC’s members represent a broad and diverse cross-section of the

environmental community, industry, and government. As Chairman of the Board, I have actively served as a

member of the IERRC since its inception.

When Governor Ryan established the IERRC, he acknowledged that the Act has “served the State of Illinois well”

and that the Act and its purposes remain “fundamentally sound.” The Governor emphasized, however, that “there

may be ways to make the Act more effective, understandable and useful.” To that end, the IERRC has been

developing recommendations to streamline, clarify, and update the provisions of the 30-year old statute, without

altering the Act’s fundamental policy underpinnings. It is expected that the IERRC will soon recommend to the

Governor a number of proposed amendments to the Act that could become part of a package for legislative action

I am honored to serve as a member of the IERRC and look forward to continuing the IERRC’s good work with

Executive Director Kezelis for the benefit of all stakeholders in Illinois’ environment.

Claire A. Manning, Chairman

Inside This Issue:

Federal Update

United States Environmental Protection Agency in a Direct Final Rule Under the Clean Air Act Revises

Requirements on Variability in the Composition of Additives Certified Under the Gasoline Deposit Control

On November 5, 2001, USEPA in a direct final rule revised the requirements on variability in the composition of

additives certified under the Gasoline Deposit Control Program. 66 Fed. Reg. 55885.

Deposits that form in gasoline-fueled motor vehicle engines and fuel supply systems have been shown to increase

emissions of harmful air pollutants. All gasoline used in the United States must contain additives that have been

certified with USEPA as effective in limiting the formation of such deposits. During certification, additive

manufacturers must provide USEPA with information on additive composition. To ensure that in-use additives

meet USEPA requirements, manufacturers are required to limit variation in the composition of additive production

batches from that reported during certification.

The new rule makes revisions to the information that must be provided on additive composition by the manufacturer

at the time of certification and clarifies the requirements associated with limiting variability in additive production

batches. These changes address additive manufacturer concerns that compliance with the existing requirements

would be burdensome and difficult, while maintaining the emissions control benefits of the gasoline deposit control

program. USEPA made these regulatory changes by direct final rule because the changes were viewed as non-

controversial and no adverse comments were anticipated.

This rule becomes effective on February 4, 2002 without further notice, unless USEPA receives adverse comment

by January 4, 2002. If adverse comments are received, USEPA will withdraw the amendment, paragraph, or section

of the direct final rule that received the adverse comment and those amendments, paragraphs, or sections will not

take effect. Any amendment, paragraph, or section that does not receive adverse comment will become effective on

the above-mentioned date.

For additional information contact Jeff Herzog at 734/214-4227; e-mail address: herzog.jeff@epa.gov.

If USEPA does not withdraw these rules, and amendments to the Illinois air rules become necessary, the Board

would expect the Illinois Environmental Protection Agency to propose amendments using the Clean Air Act “fast-

track” procedures at Section 28.5 of the Environmental Protection Act (415 ILCS 5/28.5 (2000)).

United States Environmental Protection Agency Proposes Revisions to National Ambient Air Quality Standards for

Ozone Under the Clean Air Act in Response to Remand from the United States Court of Appeals for the District of

Columbia Circuit

On November 14, 2001, USEPA proposed revised standards in response to a remand from the United States Court

of Appeals for the District of Columbia Circuit (D.C. Circuit) relating to National Ambient Air Quality Standards

(NAAQS) for ozone. 66 Fed. Reg. 57267.

On July 18, 1997, in accordance with Sections 108 and 109 of the Clean Air Act (CAA) (42 U.S.C. §§ 7401

(2000)), USEPA completed its review of the NAAQS for ozone (O3) by promulgating revised primary and

secondary standards. On May 14, 1999, the D.C. Circuit remanded the O3 NAAQS to USEPA to consider, among

other things, the alleged beneficial health effects of O3 pollution in shielding the public from the “harmful effects of

the sun's ultraviolet rays.”

American Trucking Assn. v. USEPA

, 175 F.3d 1027 (D.C. Cir. 1999).

USEPA’s proposed response to that aspect of the court's remand is based on its review of the air quality criteria and

NAAQS for O3 completed in 1997, and its additional assessment of the potential beneficial effects of tropospheric

O3. USEPA has determined that the information linking changes in patterns of ground-level O3 concentrations that

is likely to occur as a result of programs implemented to attain the 1997 O3 NAAQS to changes in relevant

exposures to UV-B radiation of concern to public health is too uncertain at this time to warrant any relaxation in the

level of public health protection. Further, USEPA noted that associated changes in UV-B radiation exposures of

concern, using plausible but highly uncertain assumptions about likely changes in patterns of ground-level ozone

concentrations, would likely be very small from a public health perspective.

As a result, the revised O3 NAAQS will remain set at a level of 0.08 parts per million (ppm), with a form based on

the 3-year average of the annual fourth-highest daily maximum 8-hour average O3 concentrations measured at each

monitor within an area. The primary standard was revised to provide increased protection to the public, especially

children and other at-risk populations, against a wide range of health effects directly induced by breathing O3.

These include decreased lung function (primarily in children active outdoors), increased respiratory symptoms

(particularly in highly sensitive individuals), hospital admissions and emergency room visits for respiratory causes

(among children and adults with pre-existing respiratory disease such as asthma), inflammation of the lung, and

possible long-term damage to the lungs.

The secondary standard was revised to provide increased protection to the public welfare against effects on

vegetation, such as agricultural crop loss, damage to forests and ecosystems, and visible foliar injury to sensitive

species associated with direct exposure to O3 in the ambient air.

The proposed revision constitutes USEPA's response to the part of the remand of the 1997 O3 NAAQS by the D.C.

Circuit related to whether tropospheric O3 has a beneficial effect with regard to attenuation of naturally occurring

solar radiation. Other issues related to the 1997 O3 NAAQS are now before the D.C. Circuit for proceedings

consistent with the February 27, 2001 opinion of the United States Supreme Court in

Whitman v. American

Trucking Associations

, 531 U.S. 457 (2001), and are not addressed by this proposal.

Comments on this proposed response must be received by January 14, 2002. For additional information contact

Susan Lyon Stone at 919/541-1146; e-mail address: stone.susan@epa.gov.

If USEPA adopts these proposed rules, and amendments to the Illinois air rules become necessary, the Board would

expect the Illinois Environmental Protection Agency to propose amendments using the Clean Air Act “fast-track”

procedures at Section 28.5 of the Environmental Protection Act (415 ILCS 5/28.5 (2000)).

United States Environmental Protection Agency Proposes Supplemental Regulatory Amendments to the Corrective

Action Management Unit Rule Under the Resource Conservation and Recovery Act

On November 20, 2001, USEPA proposed supplemental regulatory amendments to the corrective action

management unit (CAMU) rule. 66 Fed. Reg. 58085.

The suggested regulatory changes came from commenters on USEPA’s proposed Amendments to the Corrective

Action Management Unit Rule (Aug. 22, 2000). In that notice, USEPA proposed amendments to the CAMU

regulations to tighten standards for wastes managed in CAMUs during cleanup. The comment period on the August

2000 proposal closed on October 23, 2000.

USEPA now proposes additional regulations that would allow CAMU-eligible hazardous waste, treated in

accordance with the treatment standard in the proposed CAMU amendment in lieu of otherwise applicable land

disposal restriction standards, to be placed in hazardous waste landfills, under limited circumstances. USEPA

believes that allowing hazardous remediation waste generated during clean-up to be placed in hazardous waste

landfills will promote more aggressive remediation.

USEPA is soliciting only comments on the issue of placement of CAMU-eligible wastes in hazardous waste

landfills under the terms of this supplemental proposal, not on any aspect of the August 2000 proposal. If USEPA

goes forward with this proposal, it intends to do so when final action is taken on the August 2000 proposal. Public

coments will be accepted until December 5, 2001.

For additional information contact Bill Schoenborn at 703/308-8483; e-mail address:

schoenborn.william@epa.gov.

If the 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 Under the Resource Conservation and Recovery Act

Identifies and Lists as Hazardous Three Wastes Generated from Inorganic Chemical Manufacturing Processes

On November 20, 2001, USEPA in a final rule under the Resource Conservation and Recovery Act (RCRA) (42

U.S.C. §§ 6901

. (2000)) listed as hazardous three wastes generated from inorganic chemical manufacturing

processes. 66 Fed. Reg. 58257.

Under RCRA, USEPA is directed to determine whether certain wastes generated by inorganic chemical

manufacturing industries may present a substantial hazard to human health or the environment. The effects of

listing these three wastes as hazardous are to subject them to: comprehensive management and treatment standards

under Subtitle C of RCRA; and emergency notification requirements for releases to the environment under the

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

This final rule also adds the toxic constituents that are found in the wastes being listed as hazardous to the list of

constituents that serves as the basis for classifying wastes as hazardous and establishing treatment standards for the

wastes. Additionally, USEPA is making final determinations not to list the remainder of wastes generated by

inorganic chemical manufacturing processes that were described in the proposed listing determination.

Finally, USEPA is applying universal treatment standards under the Land Disposal Restrictions program to the

inorganic chemical manufacturing wastes listed in this rulemaking. The listed wastes must be treated to meet these

treatment standards for specific constituents prior to land disposal. At this time, USEPA is deferring final action on

all elements of the proposal related to manganese.

The effective date of this rule is May 20, 2002.

For general information contact the RCRA/Superfund Hotline at 800/424-9346. For information on specific aspects

of the rule, contact Gwen DiPietro at 703/308-8285; e-mail address: dipietro.gwen@epa.gov. For technical

information on the CERCLA aspects of this rule, contact Lynn Beasley at 703/603-9086; e-mail address:

beasley.lynn@epa.gov.

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 Proposes National Emission Standards for Hazardous Air

Pollutants for Existing and New Asphalt Processing and Asphalt Roofing Manufacturing Facilities Under the Clean

On November 21, 2001, USEPA proposed national emission standards for hazardous air pollutants (NESHAP) for

existing and new asphalt processing and asphalt roofing manufacturing facilities. 66 Fed. Reg. 58609.

USEPA has identified asphalt processing and asphalt roofing manufacturing facilities as major sources of hazardous

air pollutants (HAP) such as formaldehyde, hexane, hydrogen chloride, phenol, polycyclic organic matter, and

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

. (2000)) by requiring all major sources to meet HAP emission standards reflecting the application of the

maximum achievable control technology. The total HAP reduction is expected to be 8.87 megagrams per year (9.78

tons per year).

For additional information contact Rick Colyer at 919/541-5262; e-mail address: colyer.rick@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.

Rule Update

Board Adopts First Notice Proposal for Public Comment in In the Matter of: Amendments to Regulation of

Petroleum Leaking Underground Storage Tanks: 35 Ill. Adm. Code 732, R01-26

On November 1, 2001, the Board proposed for public comment amendments to the Board’s Petroleum Leaking

Underground Storage Tank (UST) regulations. On December 6, 2000, the Illinois Environmental Protection

Agency (Agency) filed a proposal for rulemaking, which included the Agency’s statement of reasons. The Agency

submitted the proposal to the Board to clarify and refine sections of Part 732 in accordance with the Agency’s

experience in administering the regulations since they were adopted by the Board in 1994 and amended in 1997.

Regulation of Petroleum Leaking Underground Storage Tanks 35 Ill. Adm. Code 732 (Pursuant to P.A. 88-

496), R94-2(A) (Sept. 15, 1994) (original UST regulations); Regulation of Petroleum Leaking Underground Storage

Tanks (35 Ill. Adm. Code 732), R97-10 (Mar. 6, 1997) (amendments to UST regulations).

In adopting its first notice proposal for publication as required by the Illinois Administrative Procedure Act (5 ILCS

(2000)), the Board has made some revisions to the Agency’s proposal in response to testimony at

hearing and written public comments. Some of the revisions are stylistic to comport with the requirements of the

Joint Committee on Administrative Regulations. The Board is also making some minor revisions in Sections

732.404(c) and 732.411 regarding off-site access, as suggested by the Illinois Petroleum Council. In addition, the

Board is making some of the clarifications suggested by the American Institute of Professional Geologists in

Section 732.307(c)(3), and by the Department of Defense (DOD) in Sections 732.103, 732.702, and 732.703. The

Board has also revised some of the Agency’s proposed language allowing Licensed Professional Geologists to

practice under Part 732, included a new effective date for lab certifications, and updated the reference to analytical

method SW-486. The Board chose not to change the trigger for reimbursement of Early Action period corrective

action activities, but specifically requested comment on this issue.

Two public hearings have been held in this matter. The first hearing was held on February 27, 2001, in Springfield;

and the second hearing was held on April 3, 2001, in Chicago.

Publication of the proposed amendments in the

Illinois Register

will begin a 45-day public comment period, during

which interested persons may file public comments with the Board.

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

Board Adopts First Notice Proposal for Public Comment in In the Matter of: Site Remediation Program:

Amendments to 35 Ill. Adm. Code 740; In the Matter of: Site Remediation Program 35 Ill. Adm. Code 740,

and Subpart H (Public Schools), R01-27/R01-29 (consolidated)

On November 1, 2001, the Board proposed for public comment amendments to Part 740 of the Board’s land

regulations, commonly referred to as the Site Remediation Program (SRP) rules. In adopting its first notice

proposal for publication as required by the Illinois Administrative Procedure Act (5 ILCS 100/1-1

(2000)), the Board has made some revisions to language proposed by two regulatory proponents in two

separate dockets consolidated by the Board for hearing.

The Illinois Environmental Protection Agency (Agency) filed the first regulatory proposal on January 12, 2001, and

the Board accepted it for hearing on January 18, 2001.

Site Remediation Program: Amendments to 35 Ill.

Adm. Code 740, R01-27. The Agency stated that its proposed amendments are intended to update and clarify the

SRP rules that were originally adopted by the Board in 1997. Site Remediation Program (Brownfields) and

Groundwater Quality (35 Ill. Adm. Code 740 and 35 Ill. Adm. Code 620), R97-11 (June 5, 1997). The SRP rules

establish a voluntary program that participants may use to investigate releases and clean up contaminated sites. The

SRP regulations give participants the opportunity to obtain Agency approval of remediation costs before applying

for environmental remediation tax credits for the cleanup. The amendments that are being proposed in this first-

notice opinion and order are based on the experience gained by the Agency in administering the rules for over three

Consolidated with the Agency’s proposal is a January 26, 2001 proposal filed by the Citizens for a Better

Environment (CBE). CBE proposes to amend the SRP rules by adding a new Subpart H to Part 740, to provide

greater environmental protection to schools, public parks, and playgrounds. The Board accepted CBE’s proposal

for hearing on February 1, 2001.

Site Remediation Program: Proposed 35 Ill. Adm. Code 740.Subpart H

(Schools, Public Parks, and Playgrounds), R01-29. In that same February 1, 2001 order, the Board consolidated the

two SRP-related rulemakings.

Two public hearings have been held in this matter. The first hearing was held on February 28, 2001, in Springfield;

and the second hearing was held on April 4, 2001, in Chicago. Publication of the proposed amendments in the

Illinois Register

will start a 45-day public comment period, during which any interested persons may file written

public comments with the Board.

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

Board Adopts Final Opinion and Order in In the Matter of: Amendments to Livestock Waste Regulations: 35 Ill.

Adm. Code 506, R01-28

On November 1, 2001, the Board adopted final amendments to 35 Ill. Adm. Code 506 (Part 506) regarding

the design and construction of livestock waste handling facilities. The rules, based on an Illinois Department

of Agriculture (Dept. of Ag.) proposal, reflect recent amendments to the Livestock Management Facilities

Act (LMFA) (510 ILCS 77/1

(2000)). Specifically, the adopted rules accomplish two objectives. First,

the rules establish or enhance design and construction standards for livestock waste handling facilities.

Second, the amendments repeal administrative provisions now superceded by the Dept. of Ag.’s rules at 8 Ill.

Adm. Code 900 (Part 900).

On May 21, 1996, Public Act 89-456 created the LMFA (510 ILCS 77/1

to establish requirements

for siting, constructing, and operating livestock management and waste handling facilities. The LMFA requires the

Dept. of Ag. to propose rules to the Board based on recommendations from a Livestock Management Facility

Advisory Committee (510 ILCS 77/55 (2000)). On November 21, 1996, the Dept. of Ag. submitted proposed rules

to the Board, which the Board adopted on May 15, 1997.

Livestock Waste Regulations, 35 Ill. Adm. Code 506,

R97-15(A) (May 15, 1997). The original rules in Part 506 included standards for constructing livestock waste

lagoons, developing waste management plans, certifying livestock managers, and implementing setback distances.

The Board promulgated rules for lagoon financial surety in a separate rulemaking.

Livestock Waste

Regulations, 35 Ill. Adm. Code 506, R97-15(B) (Nov. 12, 1998).

The Dept. of Ag. filed its proposal with the Board on January 22, 2001. The Board moved the proposal to first

notice on February 15, 2001, without commenting on the merits of the proposal to expedite this proceeding. The

proposal was published for first notice in the

Illinois Register

on March 2, 2001 (25 Ill. Reg. 3121).

During the first-notice period, the Board held two public hearings on the Dept. of Ag.’s proposal (April 2 and April

30, 2001). The purpose of the hearings was to allow the Board to receive testimony from the Dept. of Ag. and other

interested persons on the proposed rules.

The Board issued a second-notice opinion and order on September 6, 2001, which modified the Dept. of Ag.’s

proposal based on public comment. The Board filed the second-notice proposal with the Joint Committee on

Administrative Rules (JCAR). JCAR considered the rules at its October 16, 2001 meeting and issued a certificate of

no objection. The final rules reflect minor, non-substantive modifications that JCAR requested.

For additional information contact Carol Sudman at 217/524-8509; e-mail address: sudmanc@ipcb.state.il.us.

Board Opens New Docket and Adopts Proposal for Public Comment to Adopt Project XL Rules In the

Matter of: Wastewater Pretreatment Update, USEPA Amendments (October 3, 2001), R02-9

On October 4, 2001, the Board adopted a proposal for public comment in Docket R02-3, In the Matter of:

Wastewater Pretreatment Update, (USEPA Amendments January 1, 2001 through June 30, 2001). On November

15, 2001, in response to a motion for expedited adoption of certain federal amendments of October 3, 2001, the

Board opened a new docket, R02-9, declining to introduce the new subject into docket, R02-3.

The R02-3 proceeding involves a very narrow subject matter: a single set of federal technical corrections to the test

procedures for determination of mercury in water and wastewater, adopted by the Unites States Environmental

Protection Agency (USEPA) on June 18, 2001 (66 Fed. Reg. 32774). It will require only an update of the version

of 40 C.F.R. 136 incorporated by reference at 35 Ill. Adm. Code 310.107. The Notice of Proposed Amendments for

the R02-3 proceeding had appeared in the

Illinois Register

, on October 26, 2001 (25 Ill. Reg. 13373).

On October 31, 2001, the Board received a motion for expedited consideration from the Illinois Environmental

Protection Agency (Agency) and the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC).

The Agency and the MWRDGC requested that the Board expedite USEPA’s October 3, 2001 rules allowing states

to modify National Pollution Discharge Elimination System permits to implement agreements made under the

federal Project eXellence and Leadership (Project XL) program.

The Board considered the joint motion for expedited consideration, and granted the motion by considering the

federal amendments of October 3, 2001 in a separate wastewater pretreatment update docket, R02-9. The Board

decided that opening a separate docket to handle the Project XL rules was the more appropriate action under the

circumstances, as the subject matter of the R02-3 proposal was unrelated to the Project XL issues, and because that

proposal had already been published in the

Illinois Register

The Board adopted a proposal for public comment containing amendments to incorporate the federal Project XL

rules at 40 C.F.R. 403 into 35 Ill. Adm. Code 310. The Board proposed updating the definitions in 35 Ill. Adm.

310.110, and adding a new Subpart L to Part 310. In proposed new Section 310.930, the Board provides that the

Agency may modify MWRDGC’s permits in accordance with the Project XL agreement it finalized with the

Agency and USEPA on August 30, 2001. Any other Project XL agreements will need to be presented to the Board

in a rulemaking, adjusted standard, or variance proceeding under Sections 27 and 28, 28.1, or 35 through 38 of the

Environmental Protection Act (Act) (415 ILCS 5/27, 28, 28.1, 35-38) (2000)).

Under Sections 7.2 and 13.3 of the Act (415 ILCS 5/7.2, 13.3 (2000)), the Board proposed amendments to the

Illinois regulations that are identical in substance to wastewater pretreatment regulations that USEPA adopted to

implement Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the federal Water Pollution Control Act

(FWPCA) (33 U.S.C. §§ 1317(b), (c), (d), 1342(b)(8), (9) (1994)). The federal action that underlies this docket

includes the federal wastewater pretreatment amendments that USEPA adopted on October 3, 2001.

Sections 7.2 and 13.3 provide for quick adoption of regulations that are identical in substance to federal wastewater

pretreatment regulations that USEPA adopts to implement Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of

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

(5 ILCS 100/5-35 and 5-40 (2000)) do not apply to the Board’s adoption of identical-in-substance regulations. The

federal wastewater pretreatment regulations are found at 40 C.F.R. 400 through 499.

The Board will cause the proposed amendments to be published in the

Illinois Register

and will hold the docket

open to receive public comments for 45 days after the date of publication.

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

Board Actions

November 1, 2001

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

In the Matter of: Amendments to Regulation of Petroleum Leaking

Underground Storage Tanks: 35 Ill. Adm. Code 732 – The Board adopted a

first notice opinion and order in this rulemaking to amend the Board’s

underground storage tank regulations.

In the Matter of: Site Remediation Program: Amendments to 35 Ill. Adm. Code

740; In the Matter of: Site Remediation Program 35 Ill. Adm. Code 740, and

Subpart H (Public Schools) – The Board adopted a first notice opinion and order

in this rulemaking to amend the Board’s site remediation program regulations.

In the Matter of: Amendments to Livestock Waste Regulations: 35 Ill. Adm.

Code 506 – The Board adopted a final opinion and order in this rulemaking to

amend the Board’s livestock waste regulations.

Administrative Citations

IEPA v. James Day – The Board entered an order requiring respondent to pay

the Board and the Environmental Protection Agency hearing costs in the amount

of $957 and $181.25 respectively, and a civil penalty of $1,500. This order

follows the Board's interim order of July 26, 2001, which found that this

respondent had violated Sections 21(p)(1) and (p)(3) of the Environmental

Protection Act (415 ILCS 5/21(p)(1), (p)(3) (2000)) and assessing a penalty of

$3,000 at respondent’s Champaign County facility.

IEPA v. Billy Hammond, Sr. – The Board entered an interim opinion and order

finding respondent violated Sections 21(p)(1) and (p)(7) of the Environmental

Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2000)) and assessing a penalty of

$3,000. The Board ordered the Clerk of the Board and the Environmental

Protection Agency to file within 14 days a statement of hearing costs, supported

by affidavit, with service on respondent.

IEPA v. Mark and Ann Musser; Pro-Excavating, Ltd.; Charles Heuerman d/b/a

Charles Heuerman General Trucking; David Swingler d/b/a Swingler

Construction; and Beecher City Community School District – The Board found

that these Effingham County respondents violated Sections 21(p)(1) and (p)(7)

of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2000)), and

ordered respondents to pay a civil penalty of $3,000.

People of the State of Illinois v. City of Auburn; 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 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.

People of the State of Illinois v. John Crane, 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 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 $166,337, and to cease and desist from further

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

Construction, Inc., and Gunther Construction Company – In this land

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

from the hearing requirement of Section 31(c)(1) of the Act (415 ILCS

5/31(c)(1) (2000)), and accepted a final stipulation and settlement agreement.

The Board ordered the respondents to each pay a civil penalty of $5,000 (for a

total civil penalty of $15,000), and to cease and desist from further violations.

Motions and Other Matters

Texaco Refining and Marketing, Inc. (Lockport Plant) v. IEPA – The Board

granted petitioner’s motion for voluntary dismissal of this Resource

Conservation and Recovery Act permit appeal involving a Will County facility.

People of the State of Illinois v. Michel Grain Company, Inc. a/k/a Michel

Fertilizer; Caryle Michel; and Ronnie Todd – The Board accepted complainant’s

second amended complaint in this water enforcement action involving a site

located in Jefferson and Hamilton Counties.

Wayne and Sonja Hall v. Richard L. Miller and Mary J. Miller d/b/a R&M

Metals – The Board granted complainants’ motion to dismiss this citizen

enforcement action involving a site located in Douglas County.

Nelson Westerberg, Inc. v. Office of the State Fire Marshal – The Board granted

petitioner’s motion for voluntary dismissal of this underground storage tank

appeal involving a Cook County facility.

Larry Manns 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 Madison County facility.

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

Sensient Flavors, Inc. v. IEPA – Having previously granted a request for a 90-

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

filed on behalf of this Lee County facility.

Bahlman Oil Company, Inc. v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Will County facility.

Ila M. Neathery and Denise Fleck v. Greg and Karen Bouillon d/b/a Thirsty’s,

and Terrill L. and Sarah E. Loving – The Board found that the allegations in the

complaint against the Lovings were neither duplicitous nor frivolous, and

accepted for hearing this matter involving a Sangamon County facility.

St. Joseph Oil Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Champaign County facility.

Rezmar Corporation 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.

Bridgestone/Firestone Off-Road Tire Company v. IEPA – The Board granted

petitioner’s request for a stay of effectiveness of the contested permit condition.

Village of Round Lake Park v. IEPA – The Board accepted for hearing this

variance request involving a Lake County facility.

Milton C. and Virginia L. Kamholz v. Lawrence and Mariane Sporleder – The

Board ordered complainants to timely effectuate service upon respondents as

required by Section 101.304(c) of the Board’s procedural rules (35 Ill. Adm.

Code 101.304(c)), no later than December 1, 2001, or the complaint would be

subject to dismissal.

Fox River Reclamation District (South Plant) v. IEPA – The Board granted this

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

Kane County facility.

Vandalia Community School District #203 v. IEPA –- The Board found the

petition deficient in this underground storage tank appeal involving a Fayette

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

deficiencies no later than December 1, 2001, or the petition would be subject to

Prairie Material Sales d/b/a Dixon Marquette Cement v. IEPA – The Board

found and certified that specified facilities of Prairie Material Sales d/b/a Dixon

Marquette Cement located in Lee County are pollution control facilities under

the Property Tax Code (35 ILCS 200/11-10 (2000)).

November 15, 2001

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

In the Matter of: Wastewater Pretreatment Update, USEPA Amendments

(January 1, 2001 through June 30, 2001) – The Board granted expedited

consideration of the federal amendments of October 3, 2001, by opening a new

docket, R02-9, to consider that federal action. The Board declined to introduce

the subject matter of the October 3, 2001 federal amendments into this docket,

In the Matter of: Wastewater Pretreatment Update (October 3, 2001) – The

Board granted expedited consideration of the federal amendments of October 3,

2001, by opening a new docket, R02-9, to consider that federal action. The

Board adopted a proposal for public comment in this identical-in-substance

rulemaking to amend the Board’s wastewater pretreatment regulations.

Administrative Citations

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

denied complainant’s motion to strike affirmative defenses.

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

Reynolds – The Board found that these Sangamon County respondents violated

Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2000)), and ordered

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

County of LaSalle v. Dave Eiben – The Board found that this LaSalle County

respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2000)),

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

County of Ogle v. Gerald A. Martin d/b/a Martin & Company Excavating; and

Kenneth E. Sheely – The Board found that these Ogle County respondents

violated Sections 21(p)(1), (p)(7)(i) and (p)(7)(ii) of the Act (415 ILCS

5/21(p)(1), (p)(7)(i), (p)(7)(ii) (2000)), and ordered respondents to pay a civil

penalty of $4,500.

IEPA v. Charles White – The Board found that this Stephenson County

respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2000)),

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

IEPA v. Charles Goodwin – The Board ordered respondent to file an amended

petition for review no later than December 20, 2001.

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

Board found that respondent violated Sections 9(b), 9.1(d)(1), and 9.1(d)(2) of

the Environmental Protection Act (415 ILCS 5/9(b), 9.1(d)(1), 9.1(d)(2) (2000))

and ordered the respondent to pay $850,000 in civil penalties and $115,750.25

in costs and attorney fees, and to cease and desist from further violations.

People of the State of Illinois v. Diamond Plating Company – In this Resource

Conservation and Recovery Act enforcement action concerning a Madison

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 $4,000, and to cease and desist from further

Provisional Variance

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

Protection Agency recommendation, the Board granted this Bond County

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

limits set forth in 35 Ill. Adm. Code 304.120(a) and 304.141(a). This is an

extension of a previous provisional variance in Village of Panama v. IEPA, PCB

02-35 (Sept. 20, 2001).

Motions and Other Matters

People of the State of Illinois v. American Disposal, Inc. and Consolidated Rail

Corporation – 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 Cook

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

People of the State of Illinois v. R&G Construction – 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 Scott County facility, the Board ordered publication of the

required newspaper notice.

People of the State of Illinois v. Kucera Disposal 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

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

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

denied respondent’s motion to dismiss this air enforcement action involving a

Madison County facility.

Ila M. Neathery and Denise C. Fleck v. Greg and Karen Bouillon d/b/a

Thirsty’s, and Terrill L. and Sarah E. Loving – The Board denied respondents

Greg and Karen Bouillon’s motion to dismiss this citizen noise enforcement

action involving a Sangamon County facility.

Rezmar Corporation v. IEPA – The Board vacated its November 1, 2001 order

which dismissed this matter and extended the appeal period until December 11,

Vandalia C.U.S.D. 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

Fayette County facility.

E&L Trucking 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

Cook County facility.

City of Springfield 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

Sangamon County facility.

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

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

Rock Island County facility.

People of the State of Illinois v. Chiquita Processed Foods, L.L.C. – The Board

accepted for hearing this public water supply enforcement action involving a

Peoria County facility.

November 1, 2001 Board Meeting

Fox River Reclamation District (South Plant) v. IEPA – The Board granted this request for a 90-day

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

Vandalia Community School District #203 v. IEPA – The Board found the petition deficient in this

underground storage tank appeal involving a Fayette County facility, and ordered petitioner to file an amended

petition to cure deficiencies no later than December 1, 2001, or the petition would be subject to dismissal.

Prairie Material Sales d/b/a Dixon Marquette Cement v. IEPA – The Board found and certified that specified

facilities of Prairie Material Sales d/b/a Dixon Marquette Cement located in Lee County are pollution control

facilities under the Property Tax Code (35 ILCS 200/11-10 (2000)).

Ogle County v. Steven and Karen Gilbert and Curt Nelson – The Board accepted an administrative

citation against these Ogle County respondents.

IEPA v. Brad Krstic – The Board accepted an administrative citation against this Mercer County

IEPA v. Charles Goodwin – The Board accepted an administrative citation against this Pike County

IEPA v. Bradney Luckhart – The Board accepted an administrative citation against this Logan County

IEPA v. Walter Foster and Tim Brown d/b/a Brown Excavating and Demolition – The Board accepted an

administrative citation against these Knox County respondents.

IEPA v. Housewright Lumber Company, William A. Housewright, and George Hartmann – The Board

accepted an administrative citation against these Hancock County respondents.

IEPA v. Dale Knapp – The Board accepted an administrative citation against this Peoria County

November 15, 2001 Board Meeting

Vandalia C.U.S.D. 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 Fayette County facility.

E&L Trucking 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 Cook County facility.

City of Springfield 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 Sangamon County facility.

ESG Watts, Inc. (Taylor Ridge Landfill) v. IEPA – The Board granted this request for a 90-day extension of

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

People of the State of Illinois v. Chiquita Processed Foods, L.L.C. – The Board accepted for hearing this

public water supply enforcement action involving a Peoria County facility.

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

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

limits set forth in 35 Ill. Adm. Code 304.120(a) and 304.141(a). This is an extension of a previous provisional

variance in Village of Panama v. IEPA, PCB 02-35 (September 20, 2001).

IEPA v. Charles Kinsel – The Board accepted an administrative citation against this Fulton County

In the Matter of: Wastewater Pretreatment Update, (October 3, 2001) – The Board granted expedited

consideration of the federal amendments of October 3, 2001, by opening a new docket, R02-9, to consider that

federal action. The Board adopted a proposal for public comment in this identical-in-substance rulemaking to

amend the Board’s wastewater pretreatment regulations.

In the Matter of: Water Quality Triennial Review: Amendments to 35 Ill. Adm. Code 302.208(e)-(g),

302.504(a), 302.575(d), 303.444, 309.141(h); and Proposed 35 Ill. Adm. Code 301.267, 301.313, 301.413, 304.120,

and 309.157 – No action taken.

Illinois Pollution Control Board Meeting

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

People of the State of Illinois v. Jacobs

Energy Corporation

County Building

Conference Room, 3rd Floor

1504 Third Avenue

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

People of the State of Illinois v. Jacobs

Energy Corporation

County Building

Conference Room, 3rd

1504 Third Avenue

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

Robert Gardner and Yvonne Gardner v.

Township High School District 211 and

Gerald Chapman, Superintendent

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

ESG Watts, Inc. (Sangamon Valley

Landfill, Taylor Ridge Landfill, and Viola

Landfill) v. IEPA

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

Petition of the City of Belleville, Illinois for

an Adjusted Standard from 35 Ill. Adm.

Belleville City Hall

Council Chamber

101 South Illinois Street

Petition of the City of Belleville Illinois for

an Adjusted Standard from 35 Ill. Adm.

Belleville City Hall

Council Chamber

101 South Illinois Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Richard G. Cotterman v. Jackson Farms

Illinois Pollution Control Board

Hearing Room 403

600 South Second street

Richard G. Cotterman v. Jackson Farms

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

IEPA v. Leslie Yocum, Sandra Yocum,

Rick L. Yocum and Shawna B. Yocum

(Birmingham/Yocum #1) (Consolidated

Schuyler County Courthouse

102 South Congress

IEPA v. Marvin Hammack and Doris Baker

Schuyler County Courthouse,

102 South Congress

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Rebecca S. Lawrence v. Northpoint Grade

McLean County Courthouse

104 West Front Street

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

Environmental Register Comment Card

The Illinois Pollution Control Board is an independent seven-member board that

adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The Environmental Register is published monthly by the Board, and contains

updates on rulemakings, descriptions of final decisions, the Board’s hearing

calendar, and other environmental law information.

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

Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704