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,

William A. Marovitz, Nicholas J. Melas, Michael E. Tristano

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 State’s early retirement program is enticing many long-time State

employees to leave their jobs. Assistant Clerk of the Board Adaleen

Hogan is one of those employees who found early retirement too good

to pass up. Her last day working for the Board will be August 23,

Ms. Hogan is one of the many dedicated employees who diligently

strive for excellence in public service. Ms. Hogan’s 19-year career

with the Board began in December 1983 when she became a personal

secretary to Board Member Joan Anderson. In 1985, she moved into

the Clerk’s Office to become the Assistant Clerk. Her tremendous organizational skills have been a major attribute

to the Board as she has been in charge of maintaining and distributing all materials in open and closed cases.

Ms. Hogan will be missed because she has been a constant and valuable employee at the Board for nearly two

decades. The Board recognizes that Ms. Hogan has been an integral member of the Clerk’s Office, and for that

reason, steps have been taken to ensure that the quality service provided by Clerk’s Office will continue. We wish

Ms. Hogan well in all of her new adventures as she retires to Michigan to be closer to her family, especially her

nieces and nephews. Goodwill wishes may be sent to Ms. Hogan via her Board e-mail address at

hogana@ipcb.state.il.us.

Claire A. Manning, Chairman

Inside This Issue:

LISTING OF ADJUSTED STANDARDS

IEPA RESTRICTED STATUS LIST

IEPA CRITICAL REVIEW LIST

Federal Update

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

Pollutants for Mercury Emissions From Mercury Cell Chlor-Alkali Plants Under the Clean Air Act

On July 3, 2002, the United States Environmental Protection Agency (USEPA) proposed National Emission

Standards for Hazardous Air Pollutants (NESHAPs) for Mercury Emissions From Mercury Cell Chlor-Alkali

The proposed standards would limit mercury air emissions from these plants by implementing section 112(d) of the

Clean Air Act, which requires all categories and subcategories of major sources and area sources listed in section

112(c) to meet hazardous air pollutant emission standards reflecting the application of the maximum achievable

control technology. USEPA stated that the proposed standards would reduce nationwide mercury emissions from

these sources by about 4,100 kilograms per year (kg/yr) (9,100 pounds per year (lb/yr)) from the levels allowed by

the existing mercury NESHAPs.

Comments must be received on or before September 3, 2002. The supporting information used in developing the

proposed standards for the mercury cell chlor-alkali plant source category may be obtained from the USEPA at 401

, SW., Washington, DC 20460

For further information contact: Mr. Iliam Rosario, Metals Group, Emission Standards Division (C439-02), U.S.

EPA, Research Triangle Park, North Carolina 27711, telephone number: (919) 541-5308, e-mail address:

rosario.iliam@epa.gov.

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

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

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

Pollutants for Rubber Tire Manufacturing Under the Clean Air Act

On July 9, 2002, the United States Environmental Protection Agency (USEPA) finalized rules that established

national emission standards for hazardous air pollutants (NESHAPs) for new and existing sources at rubber tire

manufacturing facilities.

USEPA has identified rubber tire manufacturing facilities as major sources of hazardous air pollutants (HAPs)

emissions. The new standards implement section 112(d) of the Clean Air Act by requiring all such major sources to

meet HAPs emission standards that reflect the application of maximum achievable control technology. The primary

HAPs that will be controlled with this action include toluene and hexane. These HAPs are associated with a variety

of adverse health effects including chronic health disorders (e.g., polyneuropathy, degenerative lesions of the nasal

cavity) and acute health disorders (e.g., respiratory irritation, headaches).

The new standards are effective July 9, 2002.

For information concerning analyses performed in developing this rule, contact Mr. Anthony Wayne, Policy,

Planning and Standards Group, Emission Standards Division (C439-04), U.S. EPA, Research Triangle Park, North

Carolina, 27711; telephone number (919) 541-5439; e-mail address:wayne.tony@epa.gov

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

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

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

Pollutants for Polyvinyl Chloride and Copolymers Production Under the Clean Air Act

On July 10, 2002, the United States Environmental Protection Agency (USEPA) adopted national emission

standards for hazardous air pollutants (NESHAPs) for the Polyvinyl Chloride (PVC) and Copolymers Production

source category. These NESHAPs require that PVC and copolymers production facilities, which already must

comply with the existing Vinyl Chloride NESHAP, continue to comply with that existing NESHAP.

This rule reflects USEPA's determination that the hazardous air pollutants (HAPs) control level resulting from

compliance with the existing Vinyl Chloride NESHAPs already reflects the application of maximum achievable

control technology (MACT) and, thus, meets the requirements of section 112(d) of the Clean Air Act, except for

equipment leaks at new sources, for the PVC and Copolymers Production source category. For equipment leaks,

new sources must comply with the most current technology standards in the Generic MACT rule. By requiring

compliance with the Vinyl Chloride NESHAPs, USEPA stated that it is promoting regulatory consistency and

eliminating the costs that would be incurred by enforcing a new set of standards that likely would result in no

additional HAPs emissions reductions.

The adopted rule is effective July 10, 2002.

For information concerning the analyses performed in developing the NESHAPs, contact Warren Johnson, Organic

Chemicals Group, Emission Standards Division (C504-04), U.S. EPA, Research Triangle Park, North Carolina

27711, telephone number (919) 541-5124, e-mail address: johnson.warren@epa.gov.

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

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

United States Environmental Protection Agency Adopts Direct Final Rules Restricting Municipal Solid

Waste Landfill Locations for Airport Safety Under the Resource Conservation Recovery and Conservation

On July 11, 2002, the United States Environmental Protection Agency (USEPA) adopted direct final rules, and

published an identical proposed rulemaking, to amend the location restriction requirements in the criteria for

municipal solid waste landfills (MSWLFs).

USEPA amended this provision in order to incorporate new landfill siting requirements enacted in the Wendell H.

Ford Aviation Investment and Reform Act for the 21st Century (Ford Act) (Public Law 106-181). The Ford Act

siting restrictions apply to specified smaller public airports to address the potential hazard that birds attracted to

MSWLFs may pose to aircraft operations.

Currently owners or operators of such landfills are required to (1) demonstrate that the MSWLFs are designed and

operated so as not to “pose a bird hazard to aircraft,” (2) place a copy of the demonstration in the MSWLF operating

record, and (3) notify the Illinois Environmental Protection Agency that it has been placed in the operating file. The

direct final rule adds a new paragraph that incorporates the location restrictions enacted in Section 503 of the Ford

Act prohibiting construction or establishment of a new MSWLF within six miles of a “public airport.” A “public

airport” is one that: (1) has received grants under the Airport and Airway Improvement Act of 1982, as amended

(chapter 471, 49 U.S.C. 47101, et seq.) and (2) is primarily served by general aviation aircraft and regularly

scheduled air carrier operations that use aircraft designed for 60 passengers or less. The new six-mile restriction

only applies to new MSWLFs constructed or established after April 5, 2000.

The direct final rule is effective on October 9, 2002, without further notice, unless USEPA receives adverse

comment by August 12, 2002. If adverse comments are received, USEPA will publish a timely withdrawal in the

Federal Register

informing the public that this rule will not take effect.

Comments may be sent to the RCRA Docket Information Center, Office of Solid Waste (5305W), U.S.

Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., NW, Washington, DC 20460.

For further information contact the RCRA Hotline at 800-424-9346 or TDD 800-553-7672 (hearing impaired). For

information on specific aspects of this rule, contact Mary T. Moorcones, Municipal and Industrial Solid Waste

Division of the Office of Solid Waste (mail code 5306W), U.S. Environmental Protection Agency Headquarters

(EPA, HQ), 1200 Pennsylvania Avenue, NW, Washington, DC 20460; telephone: 540-338-1348; e-mail:

moorcones.mary@epamail.epa.gov.

The Board will incorporate any necessary amendments to its nonhazardous waste landfill regulations (35 Ill. Adm.

) in a future identical-in-substance rulemaking pursuant to Sections 7.2 and 22.40 of the

Environmental Protection Act (415 ILCS 5/7.2, 17.5 (2000)).

United States Environmental Protection Agency Revokes Tolerances for Residues of Insecticides Under the

Federal Food, Drug, and Cosmetic Act

On July 17, 2002 the United States Environmental Protection Agency (USEPA) adopted final rules revoking

specific tolerances for residues of the insecticides phosphamidon and trimethacarb; the herbicides atrazine, S-(O,O-

diisopropyl phosphorodithioate) ester of N-(2-mercaptoethyl) benzenesulfonamide, known as bensulide, S-propyl

dipropylthiocarbamate, known as vernolate, and diphenamid; the fungicide imazalil; and the fungicide/insecticide 6-

methyl-1,3-dithiolo[4,5-b]quinoxalin-2-one (oxythioquinox) because these pesticides are no longer registered on

certain food uses in the United States.

The regulatory actions in the final rule contribute toward USEPA’s tolerance reassessment requirements of the

Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality Protection Act

(FQPA) of 1996. By law, USEPA is required by August 2002 to reassess 66% of the tolerances in existence on

August 2, 1996, or about 6,400 tolerances. USEPA’s actions in this rulemaking pertain to the revocation of 75

tolerances that are counted among tolerance/exemption reassessments made toward the August 2002 review

This regulation is effective October 15, 2002. Objections and requests for hearings, identified by docket ID number

OPP-2002-0085, must be received by USEPA on or before September 16, 2002.

For further information contact Joseph Nevola, Special Review and Reregistration Division (7508C), Office of

Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;

telephone number: (703) 308-8037; e-mail address: nevola.joseph@epa.gov.

United States Environmental Protection Agency Proposes

National Emission Standards for Hazardous Air

Pollutants for Brick and Structural Clay Products Manufacturing; and National Emission Standards for

Hazardous Air Pollutants for Clay Ceramics Manufacturing

On July 22, 2002, the United States Environmental Protection Agency (USEPA) proposed the addition of two

source categories, brick and structural clay products (BSCP) manufacturing and clay ceramics manufacturing, to the

list of categories of major sources of hazardous air pollutants (HAPs) published under section 112(c) of the Clean

Air Act and to the source category schedule for national emission standards for hazardous air pollutants

The two proposed subparts would require major sources to meet emission standards reflecting the application of

maximum achievable control technology. The HAPs emitted by facilities in the BSCP and clay ceramics

manufacturing source categories include hydrogen fluoride (HF), hydrogen chloride (HCl), and metals (antimony,

arsenic, beryllium, cadmium, chromium, cobalt, mercury, manganese, nickel, lead, and selenium). USEPA has

classified three of the HAPs as human carcinogens, four as probable human carcinogens, and one as a possible

human carcinogen.

Comments must be submitted on or before September 20, 2002 to: Air and Radiation Docket and Information

Center (6102), Attention Docket Number A-99-30, U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC

For further information contact Ms. Mary Johnson, Combustion Group, Emission Standards Division (MC-C439-

01), U.S. EPA, Research Triangle Park, North Carolina 27711, telephone number (919) 541-5025, e-mail address:

johnson.mary@epa.gov

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

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

United States Environmental Protection Agency Publishes a Notice of Data Availability for

Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guidelines and

Standards for Concentrated Animal Feeding Operations

On July 23, 2002, the United States Environmental Protection Agency (USEPA) published a notice of data

availability for proposed changes in its original proposal (published on January 12, 2001 (66 FR 2959)) for

regulation of concentrated animal feeding operations (CAFOs).

The original rulemaking proposed to revise two regulations that address manure, wastewater, and other process

waters generated by CAFOs. These two regulations are: The National Pollutant Discharge Elimination System

(NPDES) provisions that define which operations are CAFOs and establish permit requirements; and the Effluent

Limitations Guidelines, or effluent guidelines, for feedlots (beef, dairy, swine and poultry subcategories), which

establish the technology-based effluent discharge standards for CAFOs. In the proposal, and in a subsequent notice

of data availability published on November 21, 2001 (66 FR 58556), USEPA solicited comment on various aspects

of the proposed revisions and data used to analyze the proposed revisions.

Due to additional data and comments received, USEPA is considering changes to certain aspects of the proposed

rulemaking. Specifically, the notice presents information on the following: (1) establishing alternative regulatory

thresholds for chicken operations using dry litter management practices; (2) the potential creation of alternative

performance standards to encourage CAFOs to implement new technologies; and (3) financial data and changes

EPA is considering to refine its economic analysis models.

Comments must be submitted by August 22, 2002. Comments may be submitted electronically to

CAFOS.comments@epa.gov, or by mail to: Concentrated Animal Feeding Operation Proposed Rule, Office of

Water, Engineering and Analysis Division (4303T), USEPA, 1200 Pennsylvania Avenue, NW, Washington, DC

For further information contact: Renee Selinsky Johnson at (202) 566-1077, or e-mail address:

johnson.renee@epa.gov.

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

(IEPA) would determine, as part of the triennial review of the state’s water rules required by the Clean Water Act,

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

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

United States Environmental Protection Agency Adopts Regulations Under the Resource Conservation and

Recovery Act (RCRA) for Recycling of Hazardous Secondary Materials to Make Zinc Fertilizer Products

On July 24, 2002, the United States Environmental Protection Agency (USEPA) adopted final rules that apply to

recycling of hazardous secondary materials used to make zinc fertilizer products.

USEPA stated that the final rule establishes a more consistent regulatory framework for this practice, and

establishes conditions for excluding hazardous secondary materials that are used to make zinc fertilizers from the

regulatory definition of solid waste. The rule also establishes new product specifications for contaminants in zinc

fertilizers made from those secondary materials. The amendments include an exemption from treatment standards

for fertilizers made from recycled electric arc furnace dust.

This final rule is effective July 24, 2002, except for the amendment to 40 CFR 266.20(b), which eliminates the

exemption from treatment standards for fertilizers made from recycled electric arc furnace dust. The effective date

for that provision is January 24, 2003.

For further information contact the RCRA Hotline at 800-424-9346 or TDD 800-553-7672 (hearing impaired). For

more detailed information on specific aspects of this rulemaking, contact Dave Fagan, U.S. EPA (5301W), 1200

Pennsylvania Ave. NW., Washington, DC 20460, (703) 308-0603, or e-mail: fagan.david@epamail.epa.gov.

The Board will incorporate any necessary amendments to the hazardous waste regulations in a future identical-in-

substance rulemaking pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act (415 ILCS 5/7.2, 17.5

United States Environmental Protection Agency Publishes a Solicitation for Proposals for a Pilot Grant

On July 25, 2002, the United States Environmental Protection Agency (USEPA) published a notice of its July 19,

2002 solicitation for proposals for a pilot grant program to support innovation by State environmental regulatory

agencies, the "State Innovation Pilot Grant Program," to the fifty-five state and Territorial Secretaries or

Commissioners of those agencies.

USEPA’s Strategy presents a framework for innovation consisting of four major elements:

(1) Strengthen USEPA's innovation partnerships with States and Tribes;

(2) Focus on priority environmental areas:

Reduce greenhouse gases,

Restore and maintain water quality, and

Reduce the cost of water and wastewater infrastructure;

(3) Diversify USEPA’s environmental protection tools and approaches:

Information resources and technology,

Environmental technology,

Environmental Management Systems, and

Results-based goals and measures; and

(4) Foster a more "innovation-friendly" organizational culture and systems.

USEPA’s pilot grant program is designed to strengthen USEPA's innovation partnership with states by establishing

a new system of funding to facilitate state efforts to address the priority environmental areas targeted in and use the

tools highlighted in the Strategy. USEPA stated that it would like to help states build on previous experience and

undertake bigger and more strategic projects that test new models for "next generation" environmental protection

and promise better environmental results.

With this 2002 pilot program, USEPA is exploring the use of grants and cooperative agreements to support

innovation at the state level. For 2002, and contingent upon Congressional approval of a re-programming request,

USEPA anticipates approximately $500,000 in total will be available for state innovation pilot assistance. This pilot

fund will support approximately 3-7 projects that can produce results in 2-3 years. Only the states, the District of

Columbia, and the US Territories are eligible for this 2002 pilot grant program. It is USEPA's intention to expand

this pilot program to include innovation by American Indian Tribes, if funding becomes available in FY 2003.

Respondents will have until August 19, 2002 to respond with a brief pre-proposal and budget.

The solicitation package can be viewed at: http://www.epa.gov/projectxl/2002state.htm Copies of the solicitation

package will also be available from: Gerald Filbin, Office of Environmental Policy Innovation, Office of Policy

Economics and Innovation; US Environmental Protection Agency (1807T); 1200 Pennsylvania Ave., NW.,

Washington, DC 20460. Telephone number (202) 566-2182, e-mail address filbin.gerald@epa.gov

United States Environmental Protection Agency Proposes

National Emission Standards for Site Remediation

Activities Under the Clean Air Act

On July 30, 2002, the United States Environmental Protection Agency (USEPA) proposed National Emission

Standards for Hazardous Air Pollutants (NESHAPs) under the authority of section 112 of the Clean Air Act (CAA)

for the site remediation source category.

USEPA has determined that site remediation activities can be major sources of organic hazardous air pollutants

(HAPs) (including benzene, ethyl benzene, toluene, vinyl chloride, xylenes) and other volatile organic compounds

(VOCs). The range of potential human health effects associated with exposure to these organic HAPs and VOCs

include cancer, aplastic anemia, upper respiratory tract irritation, liver damage, and neurotoxic effects (

headache, dizziness, nausea, tremors). The proposed rule would implement section 112(d) of the CAA by requiring

those affected site remediation activities to meet emissions limitations, operating limit, and work practice standards

reflecting the application of the maximum achievable control technology. When implemented, USEPA estimates

that the proposed rule would reduce annual regulated HAPs emissions from the source category by approximately

50 percent or 570 megagrams per year (Mg/yr) (630 tons per year (tpy)) and reduce nationwide VOC emissions by

3,680 Mg/yr (4,050 tpy).

Comments must be submitted on or before September 30, 2002, and should be sent to: Air and Radiation Docket

and Information Center (6102), Attention Docket Number A-99-20, U.S. EPA, 1200 Pennsylvania Avenue, NW,

Washington, DC 20460.

For further information contact Mr. Greg Nizich, Waste and Chemical Processes Group, Emission Standards

Division (C439-03), U.S. EPA, Research Triangle Park, NC 27711, telephone number (919) 541-3078, e-mail

address: nizich.greg@epa.gov.

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

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

Rule Update

Board Adopts First Notice Opinion and Order in Proposed Amendments to General Permitting Provisions

For Portable Emissions Units, Amendments to 35 Ill. Adm. Code 201, R02-10

On July 11, 2002, the Board adopted a first notice opinion and order in Proposed Amendments to General

Permitting Provisions for Portable Emissions Units, Amendments to 35 Ill. Adm. Code 201, R02-10. This

rulemaking was initiated by a proposal filed by the Illinois Environmental Protection Agency (IEPA) on November

30, 2001, to amend the Board’s permitting rules for air pollution control. Because the amendments were not

required under the Clean Air Act, IEPA filed its proposal as a general rulemaking under Section 27 of the

Environmental Protection Act [415 ILCS 5/27].

After two public hearings, the Board adopted a first notice proposal that is similar, but not identical to, IEPA’s

proposal. The first notice proposal was filed with the Secretary of State’s Index Department and will be published

Illinois Register

on August 16, 2002.

The proposal adopted by the Board amends the Part 201 general permitting provisions by exempting owners and

operators of certain smaller emissions units from requirements that they obtain new construction and “lifetime”

permits when their units are moved to a new site. Under this proposal, IEPA may issue a single permit authorizing

emission from similar operations by the same source owner or operator at multiple temporary locations, except for

sources that are affected sources for acid deposition under Title IV of the Clean Air Act. (See 415 ILCS

The amendments contain specific conditions that apply to these units to be eligible for the exemption. Proposed

new Section 201.170 outlines the criteria: (1) emissions from the emission unit or units are expected to occur for

less than one year at any one site, (2) the emission unit or units of air pollution is subject to the requirements of

Section 201.169 (which contains conditions for special permits), (3) the emission unit or group of emission units

that will be changing sites is permitted to emit less than 25 tons per year of any combination of regulated air

pollutants, (4) the emission unit or units is mounted on a chassis or skids and is designed to be moveable, and (5)

the emission unit or units is not used as a thermal desorption system or as an incinerator system. Additionally, the

Board added language to IEPA’s proposal that requires the owner or operator to notify IEPA, by certified mail, at

least three days prior to moving a unit to a new location.

The Board held two hearings on the proposal. The first hearing was held in Springfield on March 20, 2002, and the

second hearing was held in Chicago on April 9, 2002. No further hearings are scheduled at this time.

For additional information contact William Murphy at 312/814-6062; e-mail address: murphym@ipcb.state.il.us

Listing of Adjusted Standards

LISTINGS OF ADJUSTED STANDARDS AND COMBINED SEWER OVERFLOW

EXCEPTIONS GRANTED BY THE BOARD DURING

FISCAL YEAR 2002

Section 28.1(d)(3) of the Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(3) (2000)) requires the

Board to annually publish in the

Illinois Register

Environmental Register

a listing of all determinations made

pursuant to Section 28.1 at the end of each fiscal year. This notice sets forth all adjusted standards and combined

sewer overflow exception determinations made by the Board during the fiscal year 2002 (July 1, 2001 through June

Final Actions Taken by the Pollution Control Board in Adjusted Standards Proceedings During Fiscal Year 2002

(July 1, 2001 through June 30, 2002)

Docket/Docket Title Final

In the Matter of: Petition of Progressive

Environmental Services, Inc. d/b/a Antifreeze

Recycling for an Adjusted Standard Under 35 Ill.

Adm. Code 720.131(c) (January 10, 2002),

The Board granted this Jersey County facility an

adjusted standard from the definition of “solid

waste.” The Board found that the used antifreeze

that Progressive Environmental Services, Inc.

accepts and treats for resale was a commodity-like

product under 35 Ill. Adm. Code 720.131(c) and as

such was exempted from the Board’s solid waste

regulations concerning manifesting, transportation,

management, closure, and record keeping practices.

In the Matter of: Petition of Rhodia, Inc., Thorn

Creek Basin Sanitary District, Takasago Corporation

(U.S.A.) and Consumers Illinois Water Company for

an Adjusted Standard From 35 Ill. Adm. Code

302.208 and 304.105 (January 10, 2002),

The Board granted this Cook County facility an

adjusted standard, subject to conditions, from the

water quality standards for the discharge of sulfates

and total dissolved solids at 35 Ill. Adm. Code

304.105. The Board found that the request for relief

from 35 Ill. Adm. Code 302.208 was unnecessary.

In the Matter of: Petition of City of Elgin for an

Adjusted Standard From 35 Il. Adm. Code 302.204

(February 7, 2002),

The Board allowed the City of Elgin, located in

Kane County, to voluntarily withdraw its petition

for an adjusted standard from the Board’s effluent

standard and water quality standard for pH.

In the Matter of: Petition of the City of Belleville for

an Adjusted Standard From 35 Ill. Adm. Code

306.305 (March 21, 2002)

The Board granted the City of Belleville, located in

St Clair County, an adjusted standard, subject to

conditions, from the Board’s combined sewer

overflow disinfection requirements.

In the Matter of: Petition of World Recycling, Inc.

d/b/a Planet Earth Antifreeze for an Adjusted

Standard From 35 Ill. Adm. Code 720.131 (c) (May

The Board granted this Winnebago County facility

an adjusted standard from the definition of “solid

waste.” The Board found that the used antifreeze

that Planet Earth accepts and treats for resale was a

commodity-like product under 35 Ill. Adm. Code

720.131(c) and as such was exempted from the

Board’s solid waste regulations concerning

manifesting, transportation, management, closure,

and record keeping practices.

In the Matter of: Petition of Central Illinois Light

Company (E.D. Edwards Generating Station) for an

Adjusted Standard From 35 Ill. Adm. Code 214.141

The Board dismissed this Peoria County facility’s

request for an adjusted standard from the Board’s

sulfur dioxide emissions standards. Finding that the

site-specific rulemaking process was a more

appropriate mechanism for the relief being sought in

the adjusted standard, at petitioner’s request the

Board opened the pending rulemaking proceeding

R02-21 Petition of Central Illinois Light Company

(E.D. Edwards Generating Station) for a Site-

Specific Air Regulation: 35 Ill. Adm. Code

In the Matter of: Material Service Corporation

Petition for an Adjusted Standard From 35 Ill. Adm.

Code 302.208, 406.202, and 304.105 (June 6, 2002)

The Board granted this Cook County facility an

adjusted standard, subject to conditions, from the

Board’s total dissolved solids and sulfate water

quality standards at 35 Ill. Adm. Code 406.202 and

304.105. The Board found that the request for relief

from 35 Ill. Adm. Code 302.208 was unnecessary.

Final Actions Taken by the Board in Combine Sewer Overflow Exception Proceedings During Fiscal Year 2002

(July 1, 2001 through June 30, 2002)

The Board took no action in combined sewer overflow exception proceedings during fiscal year 2002. (But see

related adjusted standard AS 99-01 described above: In the Matter of: Petition of the City of Belleville for an

Adjusted Standard From 35 Ill. Adm. Code 306.305 (March 21, 2002).)

Please address written comments or requests for copies, including the appropriate docket number, to:

Dorothy Gunn, Clerk

Pollution Control Board

100 West Randolph Street, Suite 11-500

Telephone 312-814-3620

Please address questions concerning this notice, including the appropriate docket number, to:

Pollution Control Board

600 S. Second Street, Suite 402

Telephone: 217-782-2471

conleye@ipcb.state.il.us

Board Actions

July 11, 2002

Springfield, Illinois

Rulemakings

In the Matter of: Amendments to General Permitting Provisions for Portable

Emission Units: Amendments to 35 Ill. Adm. Code 201 – The Board adopted a

first notice opinion and order in this matter to amend the Board’s air regulations.

Administrative Citations

IEPA v. Charles Goodwin – The Board dismissed this administrative citation,

finding it was improperly issued because of contradictory instructions from the

Illinois Environmental Protection Agency.

IEPA v. City of Wenona – In response to a joint stipulation and settlement

agreement in this administrative citation action involving a Marshall County

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

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

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

joint motion to dismiss the alleged violations of Section 21(p)(4) and (p)(7) of

the Act (415 ILCS 5/21(p)(3), (p)(4) (2000)).

IEPA v. Maurice Newcomer – The Board found that this Carroll County

respondent violated Sections 21(p)(1) and (p)(7) of the Act (415 ILCS

5/21(p)(1), (p)(7) (2000)), and ordered respondent to pay a civil penalty of

IEPA v. Jason Hari and Canadian National/Illinois Central Railroad – The Board

granted complainant’s motion for voluntary dismissal of this administrative

citation involving a Ford County facility.

IEPA v. Little Dozing Service, Inc. –The Board accepted for hearing this petition

for review of an administrative citation against this Edgar County respondent.

People of the State of Illinois v. Gulco Corporation a/k/a Gutmann Leather

Company, 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 Environmental Protection Act (415 ILCS 5/31(c)(1) (2000)),

accepted a final stipulation and settlement agreement, ordered the respondent to

pay a total civil penalty of $15,000, and to cease and desist from further

People of the State of Illinois v. N.E. Finch and Peoria Associates – In this air

enforcement action concerning a Peoria 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

$10,000, and to cease and desist from further violations.

Robert Gardner and Yvonne Gardner v. Township High School District 211 and

Gerald Chapman, Superintendent – The Board found that respondent did not

violate Section 24 of the Environmental Protection Act (415 ILCS 5/24 (2000))

and 35 Ill. Adm. Code 900.102 of the Board’s noise regulations and closed the

People of the State of Illinois v. Rich Williams d/b/a C.R. Williams & Associates

Architects – In this public water supply enforcement action concerning a

Christian 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 $7,000, and to cease and desist from

further violations.

People of the State of Illinois v. Wagner Castings Company, Inc. – In this air

enforcement action concerning a Macon 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

$115,000, and to cease and desist from further violations.

People of the State of Illinois v. Royster-Clark, Inc. – In this water enforcement

action concerning a LaSalle 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 $30,000, and to

cease and desist from further violations.

People of the State of Illinois v. City of Golconda, Brown, Roffmann & Roberts,

Inc., and Forby Excavating, Inc. – In this public water supply enforcement action

concerning a Pope 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 $3,800, and to cease and desist

from further violations.

Duke Energy North America (Lee County) v. IEPA – On February 21, 2002, the

Board opened a docket to address the Illinois Environmental Protection Agency

recommended denial of petitioner’s request for preferential tax treatment under

the Property Tax Code (35 ILCS 200/11-10 (2000)) for its facility located in Lee

County. Because petitioner failed to timely file a petition, the Board denies tax

certification for the sanitary waste septic tank and associated lift station based

upon on respondent’s recommendation.

Aux Sable Liquid Products, Noise Pollution Control Equipment v. IEPA – On

March 21, 2002, the Board opened a docket to address the Illinois Environmental

Protection Agency recommended denial of petitioner’s request for preferential

tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)) for its

facility located in Grundy County. Because petitioner failed to timely file a

petition, the Board denies tax certification for the noise pollution abatement

control facility based upon on respondent’s recommendation.

Motions and Other Matters

David McDonough and Jacquelyn McDonough v. Gary Robke – The Board

granted respondent’s motion for extension of time to file the noise report. The

noise report must be filed and served on the McDonoughs on or before August 5,

Sierra Club, Friends of the Fox River and Prairie Rivers Network v. IEPA and

Fox River Water Reclamation District – The Board granted petitioner’s motion

for voluntary dismissal of this National Pollutant Discharge Elimination System

permit appeal involving a Kane County facility.

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

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

McLean County facility.

Rezmar Corporation v. IEPA – The Board granted petitioner’s motion for

consolidation of these underground storage tank appeals involving a Cook

County facility.

Estate of Edmund F. Radkiewicz v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank appeal involving

a DuPage County facility.

Saline County Landfill, Inc. v. IEPA; County of Saline, Intervenor – The Board

denied petitioners motion to reconsider or modify its May 16, 2002 opinion.

Strong Oil Company v. IEPA – Having previously granted a request for a 90-day

extension, the Board dismissed this matter because no underground storage tank

appeal was filed on behalf of this Schuyler County facility.

Chroma Corporation 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 McHenry County facility.

Rockford Stop-N-Go, Inc. v. IEPA – The Board granted petitioner’s motion for

admission pro hac vice and accepted for hearing this underground storage tank

appeal involving a Boone County facility.

Illinois State Toll Highway Authority (South Holland/Lincoln Oasis – Lincoln

North) 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.

Mick’s Garage 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.

Exxon Mobile Oil Corporation (Low Sulfur MO-GAS Equipment) v. IEPA –

Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Exxon

Mobile Oil Corporation located in Will County are pollution control facilities for

the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2000)).

Atchison Amoco Service 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

Randolph County facility.

Illinois State Toll Highway Authority 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 DeKalb County facility.

Todd’s Service Station v. IEPA – The Board granted this request for a 90-day

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

Tazewell County facility.

Akzo Nobel Surface Chemistry L.L.C. v. IEPA – The Board found the petition

deficient in this water variance request involving a Grundy County facility, and

ordered petitioner to file an amended petition to cure specified deficiencies no

later than August 10, 2002, or the petition would be subject to dismissal.

July 11, 2002 Board Meeting

Exxon Mobile Oil Corporation (Low Sulfur MO-GAS Equipment) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of

Exxon Mobile Oil Corporation located in Will County are pollution control facilities for the purpose of preferential

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

Atchison Amoco Service 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 Randolph County facility.

Janet Wagner v. Lisa Perenchio and Jim Weihsarantel – The Board held for a later duplicitous/frivolous

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

Illinois State Toll Highway Authority 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 DeKalb County facility.

Todd’s Service Station v. IEPA – The Board granted this request for a 90-day extension of time to file an

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

Akzo Nobel Surface Chemistry L.L.C. v. IEPA – The Board found the petition deficient in this water

variance request involving a Grundy County facility, and ordered petitioner to file an amended petition to cure

specified deficiencies no later than August 10, 2002, or the petition would be subject to dismissal.

IEPA v. Steve Koester – The Board accepted an administrative citation against this Champaign

In the Matter of: UST Update, USEPA Amendments (January 1, 2002 through June 30, 2002) – The Board

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

occurred during the period of January 1, 2002, through June 30, 2002.

In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (January 1, 2002 through June 30,

2002) – The Board reserved this docket for a routine identical-in-substance update. The update includes any federal

amendments that occurred during the period of January 1, 2002, through June 30, 2002.

In the Matter of: Definition of VOM Update, USEPA Amendments (January 1, 2002 through June 30, 2002)

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

amendments that occurred during the period of January 1, 2002, through June 30, 2002.

Environmental Register – June 2002

In the Matter of: SDWA Update, USEPA Amendments (January 1, 2002 through June 30, 2002) – The

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

that occurred during the period of January 1, 2002, through June 30, 2002.

In the Matter of: UIC Update, USEPA Amendments (January 1, 2002 through June 30, 2002) – The Board

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

occurred during the period of January 1, 2002, through June 30, 2002.

In the Matter of: RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA Amendments (January

1, 2002 through June 30, 2002) – The Board reserved this docket for a routine identical-in-substance update. The

update includes any federal amendments that occurred during the period of January 1, 2002, through June 30, 2002.

In the Matter of: RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (January 1, 2002

through June 30, 2002) – The Board reserved this docket for a routine identical-in-substance update. The update

includes any federal amendments that occurred during the period of January 1, 2002, through June 30, 2002.

Illinois Pollution Control

Hearing Room 403

600 South Second Street

Petition of Ford Motor Company

(Chicago Assembly Plant) for

Adjusted Standard from 35 Ill.

Adm. Code 218.986

James R. Thompson Center

Hearing Room 11-512

100 West Randolph Street

Illinois Pollution Control

James R. Thompson Center

Hearing Room 11-512

100 West Randolph Street

People of the State of Illinois v.

Union Pacific Railroad

Jackson County Courthouse

Jury Assembly Room, First Floor

101 Walnut Street

People of the State of Illinois v.

Union Pacific Railroad

Jackson County Courthouse

Jury Assembly Room, First Floor

101 Walnut Street

Donald McCarrell and Ann McCarrell

v. Air Distribution Associates, Inc.

City Council Chambers

404 North Wood Dale Road

Jasper County Highway Department

Jasper County Courthouse

County Board Room

100 West Jourdan Street

Petition of the Ensign-Bickford

Company for an Adjusted Standard

from 35 Ill. Adm. Code 237.103

Union County Courthouse

1st Fl. Hearing Room

309 West Market Street

Petition of the Ensign-Bickford

Company For an Adjusted Standard

from 35 Ill. Adm. Code 237.103

Union County Courthouse

1st Fl. Hearing Room

309 West Market Street

City of Salem v. IEPA

Hearing Room 403

600 South Second Street

Environmental Register – June 2002

City of Salem v. IEPA

Hearing Room 403

600 South Second Street

Illinois Pollution Control

VIDEOCONFERENCE

James R. Thompson Center

Hearing Room 11-512

100 West Randolph Street/Chicago

Hearing Room 403

600 South Second Street/Springfield

People of the State of Illinois v.

Walter F. Deemie d/b/a

River City Demolition

Hearing Room 403

600 South Second Street

Illinois Pollution Control

VIDEOCONFERENCE

James R. Thompson Center

Hearing Room 11-512

100 West Randolph Street/Chicago

Hearing Room 403

600 South Second Street/Springfield

UAP Richter Company

(McDonough Country) (Property

Identification #08-000-071-00)

Hearing Room 403

600 South Second Street

Michael D. Logsdon, Darrell E.

Mann, Kathy Mann, Russell Spillman,

Marilyn Spillman, Rita Martin, Alvin

W. Abbott, Kathy Abbott, Diana

Collins, Dave Collins

v. South Fork Gun Club

Christian County Courthouse

101 Main Street

Illinois Pollution Control

Hearing Room 403

600 South Second Street

IEPA Restricted Status List

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

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

Regulations, the Illinois EPA has prepared the following list of facilities 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 Act or Regulations. Please note that the list is continually being revised to

reflect the current situation. Therefore, if you have any questions on the capability of a treatment facility or

transport system, please contact this Agency for a final determination. This listing reflects the status as of June 30,

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

Environmental Register – June 2002

FACILITY NAME RESPONSIBLE

AUTHORITY COUNTY REMAINING

Bonnie Brae Forest Manor SD

Bonnie Brae Forest Manor SD

Bourbonnais (Belle Aire Subd.)

Village of Bourbonnais

Camelot Utilities

Wastewater Collection System

Camelot Utilities

(a portion mh 60-68)

Village of Camp Point

City of East Alton

City of Farmington

Village of Hinckley

Hurst & Blairville Collection

Lockport Heights SD STP

City of Lockport

Maple Lawn Homes STP

Maple Lawn Homes

Village of Port Byron

Rosewood Heights S.D.-

Ninth Street LS

Rosewood Heights S.D.

South Palos Twp. SD

South Palos Twp.

South Palos Twp.

Taylorville-Shawnee Ave.

City of Taylorville

Utilities Unlimited

Utilities Unlimited

Washington (Rolling Meadows)

City of Washington

Wauconda-Larksdale LS

Village of Wauconda

Winnebago-SS overflow to

Westfield LS; East 4 blocks of

Village of Winnebago

Deletions from previous quarterly report:

IEPA Critical Review Status List

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

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

Regulations, and the Illinois Environmental Protection Agency has prepared the following list of facilities, which

are on Critical Review. Critical Review as defined as the Agency determination that a sewer or lift station is

approaching hydraulic capacity or that a sewage treatment plant is approaching design capacity such that additional

sewer connection permit applications will require close scrutiny to determine whether issuance would result in a

violation of the Act or Regulations. Please note that these lists are continually being revised to reflect the current

situation. Therefore, if you have any questions on the capability of a treatment facility or transport system, please

contact the Agency for a final determination. This listing reflects the status as of June 30, 2002.

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

COUNTY REMAINING

SINCE LAST LIST

Village of Antioch

Environmental Register – June 2002

City of Beardstown

Benton-Southeast STP

Bethalto (L.S. #1)

Village of Bethalto

Village of Carrier Mills

City of Carrollton

City of Chester

Citizens Utilities Co. of Ill.-

Citizens Utilities Co. of Ill.

Village of Dakota

Downers Grove S.D.

Downers Grove S.D.

City of Earlville

East Dundee STP

Village of E. Dundee

Village of Elkville

Ferson Creek Utilities Co.

Utilities, Inc.

County of Lake Public

Lake Barrington Home

Owners Assn. STP

Lake Barrington Home

Lindenhurst S.D.

City of Lockport

Moline (North Slope)

Village of Mundelein

Village of Plainfield

Rock Island (Main)

City of Rock Island

Village of Sandwich

City of Streator

Thompsonville STP

Village of Thompsonville

Wauconda – Remaining

& Lakeview Villa LS

Village of Wauconda

Deletions from previous quarterly report: Herscher

***Contact IEPA – Permit Section

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

Environmental Register Comment Card

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

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The Environmental Register is published monthly by the Board, and

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