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 Illinois Pollution Control Board is improving its already “user-

friendly” public access to Board proceedings, files, and decisions.

Over the next few months, you will notice many changes to the

Board’s Web site as we put our Clerk’s Office on-line. The “Clerk’s

Office On-Line” or “COOL” system will enable anyone with Internet

access to view Board case and rulemaking files 24 hours a day.

Interested persons will also be able to track the progress of all

proceedings pending before the Board.

The Board plans to start phasing in the COOL system by the end of

this year, beginning with the posting of newly-filed documents to the

Board’s Web site (www.ipcb.state.il.us). Earlier this year, the Board posted to its Web site numerous Board

opinions and orders pre-dating 1990. When fully implemented, COOL will provide a complete electronic library of

Board opinions and orders, dating back to the Board’s inception in 1970. Additionally and perhaps most

importantly, COOL will allow parties and participants to file documents electronically with the Clerk’s Office.

There will be many benefits from electronic filing. One will be the creation of an electronic record of the

documents filed in a pending Board case or rulemaking. The documents in a proceeding’s electronic “file cabinet”

can then be searched and reviewed on-line and also downloaded. Another benefit will be avoiding the expense and

inconvenience that comes with copying and delivering paper filings, many of which can be quite voluminous. Yet

another benefit from electronic filing will be the dramatic reduction in the amount of paper generated during the

Board’s adjudicatory and regulatory processes. For these reasons, the Board will encourage electronic filing and

expects that many will avail themselves of the option. Of course, people will always be able to file paper

documents with the Clerk’s Office. Plans call for electronically scanning paper documents not filed on-line.

We are developing a system that will be easy to use. As part of that work, we are using comments received in

response to our 2001 survey about the Board’s Web site. We thank the survey participants for their input. Many of

them wanted to have case management capabilities on-line. The COOL system will have those features. We are

also reviewing the Board’s procedural rules to determine what changes need to be made to facilitate the use of

COOL. Very soon the Board will open a rulemaking docket for these procedural rule changes and, as always, the

Board will invite the public to participate. Additionally, we are adjusting our internal procedures to ensure a

smooth transition from a totally paper-based filing process to one that allows for electronic filing.

We know that you will be pleased with the new Clerk’s Office On-Line and look forward to its impending debut.

Claire A. Manning, Chairman

Environmental Register – September 2002

Inside This Issue:

Federal Update

United States Environmental Protection Agency Publishes Health Assessment Document for Diesel Engine

On September 3, 2002 (67 Fed. Reg. 56290), the United States Environmental Protection Agency (USEPA)

published a notice of availability of its final report of the Health Assessment Document for Diesel Engine Exhaust

(EPA/600/8-90/057F, May 2002).

The document was prepared by the Office of Research and Development's National Center for Environmental

Assessment (NCEA). The assessment evaluates the health effects literature to identify the most important exposure

hazards to humans. Additionally, the assessment evaluates the exposure-response characteristics of the key health

effects so that informat

ion is available for understanding the possible impact on an exposed population.

The health assessment concludes that long-term (chronic) exposure to diesel exhaust is likely to pose a lung cancer

hazard, as well as damage the lung in other ways depending on exposure. The health assessment's conclusions are

based on exposure to exhaust from diesel engines built prior to the mid-1990s. Short-term (acute) exposures can

cause transient irritation and inflammatory symptoms, although the nature and extent of these symptoms are highly

variable across the population. The assessment also states that evidence is emerging that diesel exhaust exacerbates

existing allergies and asthma symptoms. The assessment recognizes that diesel engine exhaust emissions, as a

mixture of many constituents, also contribute to ambient concentrations of several criteria air pollutants including

nitrogen oxides, sulfur oxides, fine particles, as well as other hazardous air pollutants.

The particulate fraction of diesel exhaust and its composition is a key element in USEPA's present understanding of

the health issues and formulation of the conclusions in the health assessment. The amount of exhaust particulate

from on-road engines has been decreasing in recent years and is expected to decrease 90% from today's levels with

the engines designed to meet the 2007 regulations. The composition of the exhaust particulate matter and the gases

also will change. While USEPA believes that the assessment's conclusions apply to the general use of diesels today,

as cleaner diesel engines replace a substantial number of existing engines, the general applicability of the

conclusions in this Health Assessment Document will need to be reevaluated. The USEPA has been regulating

gaseous emissions from the heavy duty highway uses of diesel engines since the 1970s and particles since the

1980s. The reduction of harmful exhaust emissions has taken a large step forward because of standards issued in

2000 which will bring about very large reductions in exhaust emissions for model year 2007 heavy duty engines

used in trucks, buses and other on-road uses. USEPA anticipates developing similarly stringent regulations for

other diesel engine uses, including those used in nonroad applications.

Until these regulations take effect, USEPA reports it is partnering with state and local agencies to retrofit older,

dirtier, engines to make them run cleaner and to develop model programs to reduce emissions from idling engines.

In addition, USEPA and local authorities are working to ensure early introduction of effective technologies for

particulate matter control and low sulfur fuel where possible in advance of the 2007 requirements. Today, at least

one engine manufacturer is producing new engines with particulate traps that when coupled with low-sulfur fuel

Environmental Register – September 2002

meets 2007 particulate emission levels. USEPA expects significant environmental and public health benefits as the

environmental performance of diesel engines and diesel fuels improve.

The final document is available electronically on NCEA's Web site at http://www.epa.gov/ncea under the What's

New and Publications menus.

For further information contact: The Technical Information Staff, NCEA-Washington Office (8623D), U.S.

Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone: 202-564-

3261; facsimile: 202-565-0050.

United States Environmental Protection Agency Publishes Notice of Availability of its Draft Guidance

National Management Measures to Control Nonpoint Source Pollution From Urban Areas

On September 9, 2002 (67 Fed Reg. 57228), the United States Environmental Protection Agency (USEPA)

published a draft guidance for the prevention and control of urban runoff. This technical guidance was written to

provide technical assistance to State and local elected officials and agencies, landowners, developers, environmental

and conservation groups, and watershed practitioners on the best available, most economically achievable means of

reducing nonpoint source pollution from urban sources.

The guidance is organized from a watershed perspective and was written to cover all phases of runoff management

from planning and development to program evaluation by providing up-to-date effectiveness and cost information

on management practices, literature citations, internet links to additional information and case studies from across

the country. In addition, four new management measures have been added to provide information on developing

and implementing a comprehensive runoff management program.

The guidance is not a regulation and it does not impose legally binding requirements on USEPA, States, Territories,

authorized Tribes, or the public. USEPA noted that the draft technical guidance is consistent with the Guidance

Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters (EPA 840-B-92-002),

which was published in January 1993 under the authority of section 6217(g) of the Coastal Zone Act

Reauthorization Amendments of 1990 (CZARA). The draft document does not supplant or replace the 1993

document, but provides an expanded framework for addressing urban runoff. Though written to apply to both

coastal and inland areas, the guidance is not intended to be used as a basis to review and approve either CZARA

section 6217 or Clean Water Act section 319 State nonpoint source management programs. However, USEPA and

the National Oceanic and Atmospheric Administration (NOAA) encourage use of the revised guidance in the

development and revision of Tribal, State and local programs to address urban runoff/storm water.

USEPA will consider comments on this draft guidance and will then issue a final guidance. Written comments

should be submitted by December 9, 2002.

Comments should be sent to Rod Frederick, Assessment and Watershed Protection Division (4503-T), U.S.

Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

The complete text of the draft guidance is available on USEPA's Web site at http://www.epa.gov/owow/nps

For further information contact: Rod Frederick at (202) 566-1197 or email:frederick.rod@epa.gov.

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

Pollutants for Radionuclides Other Than Radon From Department of Energy Facilities Under the Clean Air

Act

On September 9, 2002 (67 Fed. Reg. 57159), the United States Environmental Protection Agency (USEPA)

amended the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for air emissions of

radionuclides other than radon-222 and radon-220 from facilities owned or operated by the Department of Energy

and from Federal Facilities other than Nuclear Regulatory Commission licensees.

Environmental Register – September 2002

These new regulations require that emissions of radionuclides to the ambient air shall not exceed those amounts that

would cause any member of the public to receive in any year an effective dose equivalent of 10 millirem per year

(mrem/yr). Also, for non-DOE federal facilities, emissions of iodine shall not exceed those amounts that would

cause any member of the public to receive in any year an effective dose equivalent of 3 mrem/yr.

Regulated facilities demonstrate compliance with the standard by sampling and monitoring radionuclide emissions

from all applicable point sources. Currently, radionuclide emissions from point sources are measured in accordance

with the American National Standards Institutes's (ANSI) “Guide to Sampling Airborne Radioactive Materials in

Nuclear Facilities,” ANSI N13.1-1969. In 1999, the American National Standards Institute substantively revised

ANSI N13.1-1969 and renamed it “Sampling and Monitoring Releases of Airborne Radioactive Substances from

the Stacks and Ducts of Nuclear Facilities,” ANSI/HPS N13.1-1999. USEPA’s adopted amendments require the

use of ANSI/HPS N13.1-1999 for all applicable newly constructed or modified facilities. The amendments also

imposes additional inspection requirements on existing facilities subject to subparts H and I of 40 CFR Part 61.

This rule will be effective October 9, 2002.

For further information contact: Ms. Robin Anderson, Center for Waste Management, Radiation Protection

Division, Office of Radiation and Indoor Air, U.S. Environmental Protection Agency, Mailstop 6608J, 1200

Pennsylvania Avenue, NW., Washington, DC 20460; e-mail: anderson.robin@epa.gov ; telephone (202) 564-9385.

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 Proposes Effluent Limitations Guidelines and New Source

Performance Standards for the Concentrated Aquatic Animal Production Point Source Category Under the

Clean Water Act

On September 12, 2002 (67 Fed Reg. 57871), the United States Environmental Protection Agency (USEPA)

proposed effluent limitations guidelines and standards for wastewater discharges from the concentrated aquatic

animal production (CAAP) industrial point source category.

The regulation proposes new technology-based effluent limitations guidelines and standards for wastewater

discharges associated with the operation of both new and existing CAAPs. The proposed new effluent limitations

guidelines and standards will apply to three CAAP industry subcategories: flow-through systems, recirculating

systems, and net pens.

USEPA does not propose to establish effluent limitations for CAAP facilities in any subcategory that produces cold-

water species with annual production between 20,000 pounds and 100,000 pounds annually. USEPA also does not

propose to establish effluent limitations guidelines for floating and bottom culture systems for molluscs and

, mussel rafts) or for ponds, but does invite comment on whether it should regulate rapid drain

discharges from such ponds. The rulemaking does not propose categorical pretreatment standards for any

production subcategory.

USEPA estimates that compliance with this regulation, as proposed, would reduce the discharge of total suspended

solids by at least 4.1 million pounds per year and that the control of TSS would reduce the discharge of biochemical

oxygen demand and nutrients by at least 8.7 million pounds per year. USEPA also believes that by implementing

the best management practices plans any toxic and non-conventional pollutants that may be discharged will be

Comments on the proposal must be postmarked by December 11, 2002 and sent to Ms. Marta Jordan, Office of

Water, Engineering and Analysis Division (4303T), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC

20460. Comments may be sent by e-mail to the following e-mail address: aquaticanimals@epa.gov.

Environmental Register – September 2002

For further technical information contact Ms. Marta Jordan at (202) 566-1049. For economic information, contact

Mr. Nicolaas Bouwes at (202) 566-1002.

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

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

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

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

United States Environmental Protection Agency Adopts

Effluent Limitations Guidelines and Standards for

the Bleached Papergrade Kraft and Soda Subcategory of the Pulp, Paper, and Paperboard Point Source

Category Under the Clean Water Act

September 19, 2002 (67 Fed. Reg. 58990) the United States Environmental Protection Agency (USEPA)

adopted amendments to the effluent limitations guidelines and standards under the Clean Water Act for the Pulp,

Paper and Paperboard Point Source Category (also known as the “Cluster Rules”).

The amendment allows new and existing, direct and indirect discharging mills in the Bleached Papergrade Kraft and

Soda Subcategory (Subpart B) to demonstrate compliance with applicable chloroform limitations and standards at a

fiber line in lieu of certain monitoring requirements by performing initial monitoring to demonstrate compliance

with the applicable chloroform limitations or standards; certifying that the fiber line is not using elemental chlorine

or hypochlorite as bleaching agents; and maintaining certain process and operating conditions identified during the

compliance demonstration period. Additionally, USEPA promulgated a technical amendment that amends the table

that lists the Office of Management and Budget control numbers issued under the Paperwork Reduction Act for the

Bleached Papergrade Kraft and Soda and the Papergrade Sulfite Subcategories of the Pulp, Paper, and Paperboard

Point Source Category.

The technical amendments are effective September 19, 2002. The amendments to the Bleached Papergrade Kraft

and Soda Subcategory are effective October 21, 2002.

For further information contact: Mr. M. Ahmar Siddiqui, U.S. Environmental Protection Agency, Office of Science

and Technology, Engineering and Analysis Division (Mail Code 4303T), EPA West, 1200 Pennsylvania Avenue

NW, Washington, DC 20460; telephone number (202) 566-1044 or e-mail:siddiqui.ahmar@epa.gov.

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

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

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

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

United States Environmental Protection Agency Proposes Standards of Performance for Bulk Gasoline

Terminals and National Emission Standards for Hazardous Air Pollutants

for

Gasoline Distribution

Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations) Under the Clean Air Act

On September 20, 2002 (67 Fed. Reg. 59433) the United States Environmental Protection Agency (USEPA)

proposed Standards of Performance for Bulk Gasoline Terminals and National Emission Standards for Hazardous

Air Pollutants (NESHAPs) for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout

The proposed amendments would provide regulated sources: (1) the opportunity to use alternative leak test

procedures for railcars; (2) a clarification on monitoring flares and thermal oxidation systems used to comply with

USEPA’s existing regulations; (3) an alternative recordkeeping requirement for tank trucks and railcars; and (4) the

use of flare design specifications. The proposed amendments do not change the level of control or compromise the

Environmental Register – September 2002

environmental protection achieved by the existing NESHAPs, but provide clarification and alternatives that enhance

the flexibility of the recordkeeping and testing requirements.

Comments must be submitted on or before November 19, 2002 and should be sent to: Air and Radiation Docket

and Information Center (6102), Attention Docket Number A-92-38, Room M-1500, U.S. EPA, 1200 Pennsylvania

Avenue, NW, Washington, DC 20460.

For further information contact: Mr. Stephen Shedd, U.S. EPA, OAQPS, Emission Standards Division, Waste and

Chemical Processes Group (C439-03), Research Triangle Park, North Carolina 27711, telephone (919) 541-5397, e-

mail address shedd.steve@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 Announces Procedures for Applications for the

Environmental Justice Small Grants Program

On September 27, 2002 (67 Fed. Reg. 61090) the United States Environmental Protection Agency (USEPA) issued

a guidance that outlines the purpose, goals, and general procedures for application and award under the Fiscal Year

(FY) 2003 (October 1, 2002-September 30, 2003) Environmental Justice Small Grants Program. For FY 2003, the

USEPA will make available approximately $1,500,000 in grant funds to eligible organizations (pending availability

of funds); $1,000,000 of this amount is available for Superfund projects only.

The purpose of this grant program is to provide financial assistance to eligible community groups (

based/grassroots organizations, churches, or other nonprofit organizations with a focus on community-based issues)

and federally recognized tribal governments that are working on or plan to carry out projects to address

environmental justice issues. Preference for awards will be given to community-based/grassroots organizations that

are working on local solutions to local environmental problems. Funds can be used to develop a new activity or

substantially improve the quality of existing programs that have a direct impact on affected communities. All

awards will be made in the form of a grant not to exceed one year.

Applications must be delivered by close of business Wednesday, December 18, 2002 to the appropriate USEPA

regional office or postmarked by the U. S. Postal Service midnight Wednesday, December 18, 2002.

For specific application delivery information, please contact Margaret Millard in the Region 5 office at: USEPA

Region 5 (T-165), 77 West Jackson Boulevard, Chicago, IL 60604-3507; telephone number (312) 353-1440; email

millard.margaret@epa.gov.

For further information contact: Sheila Lewis, Senior Program Analyst, EPA Office of Environmental Justice,

(202) 564-0152.

United States Environmental Protection Agency Authorizes Illinois Department of Public Health’s

Based Paint Activities Program Under the Toxic Substances Control Act

On September 27, 2002 (67 Fed. Reg. 61102) the United States Environmental Protection Agency (USEPA)

published final approval of the Illinois Department of Public Health’s Lead-Based Paint Accreditation and

Certification Program under Sections 402 of the Toxic Substances Control Act (TSCA)[15 USC 2601

On October 12, 2001, the State of Illinois, through the Illinois Department of Public Health, submitted an

application for USEPA final approval to administer and enforce training and certification requirements, training

program accreditation requirements, and work practice standards for lead-based paint activities in target housing

and child-occupied facilities. The USEPA’s approval of Illinois' application means that, effective April 11, 2002,

Environmental Register – September 2002

the Illinois Department of Public Health's lead-based paint program will apply in the State of Illinois in lieu of the

Federal program.

For further information contact: Larisa Leonova, State of Illinois Project Officer, Pesticides and Toxics Branch,

(DT-8J), Environmental Protection Agency, Region V, 77 West Jackson Blvd., Chicago, IL 60604; telephone: (312)

353-5838; e-mail address: leonova.larisa@epamail.epa.gov

Rule Update

Board Adopts Second Notice Opinion and Order in Proposed Amendments to Ammonia Nitrogen Standards

35 Ill. Adm. Code 302.100, 302.212, 302.213, and 304.122 (R02-19)

On September 5, 2002, the Board adopted a second notice opinion and order in Proposed Amendments to Ammonia

Nitrogen Standards 35 Ill. Adm. Code 302.100, 302.212, 302.213, and 304.122 (R02-19). This rulemaking was

initiated following a January 17, 2002 proposal filed by the Illinois Association of Wastewater Agencies (IAWA)

with support of the Illinois Environmental Protection Agency (IEPA). IAWA proposed that the Board amend the

Illinois water quality regulations for ammonia to more closely track recent guidance published by the United States

Environmental Protection Agency (USEPA).

After two public hearings, the Board adopted a first notice proposal on June 6, 2002 that was similar, but not

identical to, the IAWA proposal. The first notice proposal was filed with the Secretary of State’s Index Department

and published in the

Illinois Register

on June 21, 2002 at 26 Ill. Reg. 8707. During the first notice period the Board

held a third hearing on July 25, 2002 solely to address economic impact study issues. In response to public

comments, the Board amended the rules it proposed at first notice and sent the rulemaking, pursuant to the Illinois

Administrative Procedure Act (5 ILCS 100/1-1

(2000)), for review and consideration by the Joint

Committee on Administrative Rules (JCAR).

The Board’s current rules are based on the USEPA’s 1984 National Criteria Document (NCD) for ammonia. The

proposal adopted by the Board for second notice substantively reflects many of the USEPA’s 1999 significant

update to the NCD. The principal features of the proposed amendments are: (1) modification of the acute and

chronic general use water quality standards from un-ionized ammonia to total ammonia nitrogen; (2) addition of a

sub-chronic general use total ammonia nitrogen water quality standard; and (3) repeal of the rule allowing

alternative standards for effluent modified waters (EMW). These features are discussed in more detail below.

Most of the amendments occur within 35 Ill. Adm. Code 302.212, which contains the Board’s ammonia water

quality standards applicable in general use waters of the State. The amendments to Part 302 include: (1)

replacement of current un-ionized ammonia nitrogen standards with total ammonia nitrogen standards; (2) recasting

of the formulae for calculation of the acute and chronic water quality standards for total ammonia nitrogen; and (3)

the addition of a new standard for ammonia, the sub-chronic standard total ammonia standard. Additionally, the

Board proposed to repeal the provisions for EMWs found at 35 Ill. Adm. Code 302.213 as the record in this

proceeding demonstrates that EMWs have not been a useful construct, that no discharges have applied for EMWs,

and that the IEPA has not established any EMWs.

During the first notice period the Board received public comments from the IEPA and IAWA that expressed

concern over the proposed attainment requirements for chronic and sub-chronic ammonia standards as set forth at

Section 302.212(c). In order to avoid any confusion in implementing the chronic standard, the Board added the

language suggested by IAWA with minor clarifying changes at Section 302.212(c)(2). This revision requires

attainment of ammonia chronic standard to be determined by using at least 4 samples taken at weekly intervals, or at

other sampling intervals that statistically represent a 30-day averaging period. However, the Board did not include

IAWA’s suggestion of using a “weighted” average of the sample results to show attainment of chronic and sub-

chronic standards. The Board agreed with the IEPA that the averaging method addresses only a specific data set

and did not address other data sets that have not yet been identified or considered.

Environmental Register – September 2002

Additionally, the Board made the IEPA’s suggested change at Section 302.212(c)(3) to require attainment of the

sub-chronic standard to be determined by averaging daily sample results collected over a period of four consecutive

days. Also at the IEPA’s suggestion, the Board added language at Sections 302.212(c)(2) and (c)(3) that requires

that samples must assure a representative sampling period

Proposed 35 Ill. Adm. Code Section 302.Appendix C contains a table of values for the equations presented in

302.212(b) intended to provide an easy alternative to calculation of values for the equations. There are three tables,

one for the AS equation at 302.212(b)(1), and one each for the Early Life Stage Present and Early Life Stage Absent

equations for the ammonia CS at 302.212(b)(2). At second notice, the Board revised the table for the relationship

between the AS and pH by removing that portion of the table in which the equation relating AS to pH produced a

result greater than 15 mg/L. The AS may be less than 15.0 mg/L (which occurs at higher pHs), but pursuant to

302.212(a) may not exceed 15.0 mg/L; the 15.0 mg/L maximum controls at pHs less than 7.7.

For additional information contact Catherine Glenn at 312/814-6062; e-mail address: glennc@ipcb.state.il.us

Board Adopts Proposal for Public Comment in SDWA Update, USEPA Amendments (January 1, 2002

through June 30, 2002; LTIESWTR) (R03-4)

On September 5, 2002, the Board adopted a proposal for public comment in SDWA Update, USEPA Amendments

(January 1, 2002 through June 30, 2002; LTIESWTR) (R03-4), to amend the Board’s public water supply

regulations that are “identical in substance” to drinking water regulations adopted by the United States

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

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

4(a) (1994)). This docket includes federal SDWA amendments that USEPA adopted in the period January 1, 2002

through June 30, 2002. The proposal for public comment will be published in the

Illinois Register

2002, and the Board will accept comments on the proposal for a period of 45 days after the publication.

The Board’s proposal is based on a January 14, 2002 (67 Fed. Reg. 1812), federal action where the USEPA adopted

the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR). The goals of the LT1ESWTR are to

improve control of risks to human health posed by microbial pathogens and to balance the risks posed by

disinfection byproducts.

The recent LT1SWTR is a companion to the December 16, 1998 (63 Fed. Reg. 69478) interim enhanced surface

water rule (IESWTR). The 1998 IESWTR imposed requirements on larger water systems (those providing water to

10,000 persons or more) that use surface water or groundwater under the direct influence of surface water. USEPA

established the filtration and disinfection requirements of the 1998 IESWTR in a new subpart P to 40 C.F.R. 141

(40 C.F.R. 141.170 through 141.75, corresponding with Subpart R to 35 Ill. Adm. Code 611; Sections 611.740

through 611.745). The 2002 LT1ESWTR that was the basis of the Board’s proposal extends enhanced filtration and

disinfection requirements to smaller public water supplies (those serving fewer than 10,000 persons). USEPA

adopted the 2002 LT1ESWTR as a new subpart T to 40 C.F.R. 141 (40 C.F.R. 141.500 through 141.571,

corresponding with new Subpart X to 35 Ill. Adm. Code 611; Sections 611.950 through 611.957). The Board

incorporated the January 14, 2002 federal amendments into the Illinois drinking water regulations with only

minimal structural changes to the text.

Sections 7.2 and 17.5 of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 17.5 (2000)) provide for

quick adoption by the Board of regulations that are identical in substance to federal regulations that USEPA adopts

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

that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40

(2000)) do not apply to the Board’s adoption of identical-in-substance regulations. The federal SDWA regulations

are found at 40 C.F.R. 141 through 143.

For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address

mccambm@ipcb.state.il.us

Environmental Register – September 2002

Board Adopts Order Opening Docket in Noise Rule Update: Amendments to 35 Ill. Adm. Code 900-903

On September 19, 2002, the Board adopted an order in Noise Rule Update: Amendments to 35 Ill. Adm. Code 900-

903 (R03-08) to open a docket to amend the Board’s noise regulations.

The order describes the regulations that the Board intends to amend in docket R03-08, and clarifies that the Board

intends to repeal the Part 903 regulations dealing with the control of noise from motor racing facilities. The Board

intends to adopt an order detailing the proposed amendments October 3, 2002; the proposal for public comment will

be posted on the Board’s website. The Board is scheduling two hearings on the proposed amendments. The first

hearing will be held on November 7, 2002 at 1:00 p.m. at the James R. Thompson Center, 100 W. Randolph Street,

Room 11-512 in Chicago. The second hearing will be held on November 21, 2002 at the Illinois Pollution Control

Board, Hearing Room 403, 600 S. Second Street in Springfield.

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

Appellate Update

Fifth District Appellate Court Affirms the Board in Land and Lakes Co. v. Pollution Control Board and

Randolph County Board of Commissioners, No. 5-00-0686 (PCB 99-69)

In its July 12, 2002 decision, the fifth district appellate court affirmed the Board’s decision in the Board’s case

captioned Land and Lakes Co. v. Randolph County Board of Commissioners, PCB 99-69 (September 21, 2000).

There, the Board had found that the manifest weight of the evidence supported the1998 decision of the Randolph

County Board (Randolph County) to deny Land and Lakes Co.’s (Land and Lakes) application seeking siting

approval for a proposed pollution control facility (landfill) in Randolph County. The court issued an unpublished

order under Supreme Court Rule 23 (155 Ill.2d R. 23) in its case captioned Land and Lakes Co. v. Pollution Control

Board, No. 5-00-0686 (July 12, 2002). The court held that the Board correctly determined that the Randolph

County proceedings were fundamentally fair, and that the Board’s decision affirming Randolph County was not

against the manifest weight of the evidence.

The Board’s September 21, 2002 opinion and order found that the manifest weight of the evidence supported the

Randolph County decision denying Land and Lakes’ application due to Land and Lakes failure to satisfy two

criteria in section 39.2 of the Illinois Environmental Protection Act (Act). Specifically, the Board agreed with

Randolph County’s findings that Land and Lakes failed to show that the landfill would be (1) designed, located, and

operated in such a manner to adequately protect the public health, safety, and welfare (

415 ILCS 5/39(a)(ii)

(1998)), and (2) in accord with the Randolph County Solid Waste Management Plan (Plan) (415 ILCS 5/39(a)(viii)

(1998)). Additionally, the Board held that certain

contacts with county board members by constituents did

not render the proceedings fundamentally unfair.

Upon review, the court agreed with the Board and Randolph County’s assessment that Land and Lakes’ failed to

show that the landfill would be in accord with the Plan. The Plan contained a table of exclusionary and inclusionary

local-siting criteria that clarified the identity of acceptable potential sites for a landfill in Randolph County. The

table indicated that all areas within 1 1/2 miles of municipal corporate limits did not constitute proper sites. On

appeal, Land and Lakes argued that the table was not a part of the Plan. The court rejected this argument and

adopted the Board and Randolph County’s “reasonable and proper” view that the plain language of the Plan clearly

showed that the exclusionary criteria in the table were incorporated in the Plan. Because the site of the proposed

landfill was within 1 1/2 miles of the municipal corporate limits of Sparta, the court held that there was sufficient

evidence to support the Board and Randolph County’s finding that the proposed site was inconsistent with the Plan.

Because the court concluded that Land and Lakes failed to meet the criterion in section 39.2(a)(viii) of the Act, the

court did not consider whether Land and Lakes failed to meet the criterion in section 39.2(a)(ii) of the Act.

Environmental Register – September 2002

Finally, the court rejected Land and Lakes contention that the Randolph County Board proceedings were

fundamentally unfair due to

contact with county board members and planning commission members

outside of the record. The court agreed with the Board’s conclusion that although

communications did

occur, those communications did not prejudice Land and Lakes. Furthermore, Land and Lakes was unable to show

contacts influenced the county board’s decision. Consequently, the court concluded the

proceedings before the county board were fundamentally fair.

The mandate of the court issued August 12, 2002.

Board Actions

September 5, 2002

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

In the Matter of: Proposed Amendments to Ammonia Nitrogen Standards 35 Ill.

Adm. Code 302.100, 302.212, 302.213, and 304.122 – The Board adopted a

second notice opinion and order in this matter to amend the Board’s water

In the Matter of: SDWA Update, USEPA Amendments (January 1, 2002

through June 30, 2002; LTIESWTR) – The Board adopted a proposal for public

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

public water supply regulations.

Administrative Citations

IEPA v. James Potter – The Board granted complainant’s motion for voluntary

dismissal of this administrative citation involving an Edgar County facility.

IEPA v. RCS, Inc. and Robert Fosnock – The Board granted complainant's

motion for reconsideration and vacated its August 8, 2002 order in this matter.

The Board found that these Jersey County respondents violated Section 21(o)(5)

and (o)(12) of the Act (415 ILCS 5/21(o)(5) and (o)(12) (2000)

P.A. 92-0574, eff. June 26, 2002), and ordered respondents to pay a civil penalty

Respondents paid this penalty on June 26, 2002. Accordingly, no

further payment is required.

IEPA v. Tony Luttrell – The Board found that this Clay County respondent

violated Section 21(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2000)

P.A. 92-0574, eff. June 26, 2002), and ordered respondent to pay a

civil penalty of $3,000

Environmental Register – September 2002

IEPA v. Ed Heitz – The Board granted complainant’s motion for voluntary

dismissal of this administrative citation involving a McLean County facility.

IEPA v. Robert Peters – The Board accepted an administrative citation against

County respondent.

People of the State of Illinois v. Bentronics Corporation – Having previously

found that respondent violated Section 12(a), (d), and (f) of the Environmental

Protection Act (Act) (415 ILCS 5/12(a), (d) and (f) (2000)

0574, eff. June 26, 2002), and 35 Ill. Adm. Code 307.1101(a)(1), 307.2301(c)(1)

and (2) of the Board’s water pollution regulations, the Board ordered the

respondent to pay a total civil penalty of $110,000 and to cease and desist from

further violation of the Act. Complainant must file an affidavit in support of their

request for fees by September 19, 2002, and respondents may file a response to

the affidavit by October 3, 2002.

People of the State of Illinois v. The Purdy Company, and Indiana Harbor Belt

Railroad – In this land enforcement action concerning a Cook County facility,

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

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

0574, eff. June 26, 2002), accepted a final stipulation and settlement agreement,

ordered the respondent to pay a total civil penalty of $10,000, and to cease and

desist from further violations.

Gere Properties, Inc. v. Jackson County Board and Southern Illinois Regional

Landfill, Inc. – The Board affirmed the April 10, 2002 decision of the Jackson

County Board that granted Southern Illinois Regional Landfill, Inc.’s application

to site a pollution control facility.

Provisional Variances

Dynergy Midwest Generation (Baldwin Power Station) v. IEPA –

Upon receipt of an Illinois Environmental Protection Agency

recommendation, the Board granted this St. Clair and Randolph

Counties facility a 45-day provisional variance, subject to

conditions, from the effluent limits set forth in 35 Ill. Adm. Code

304.141(b) and its National Pollutant Discharge Elimination

System permit number IL0000043.

Environmental Register – September 2002

Motions and Other Matters

Stephen G. Brill v. Henry Latoria d/b/a T.L. Trucking Foodliner – The Board

denied respondent’s motion for reconsideration of its June 6, 2002 interim order.

Lannis Walters d/b/a Fat Boy Pizza (Get & Go) v. IEPA – The Board ordered

petitioner to contact the hearing officer in this matter on or before September 30,

2002, and reserved ruling on respondent’s motion to dismiss.

Jasper County Highway Department v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank appeal involving

a Jasper County facility.

St. Joseph Oil Company v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a

Champaign County facility.

Nicor Gas 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 McClean County facility.

Gallagher Asphalt 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.

E.P.M.A. 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 Cook County facility.

Whole Sale Oil Company v. IEPA – The Board granted this request for a 90-day

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

Cook County facility.

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

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

County facility.

People of the State of Illinois v. Acme Refining Scrap Iron and

Metal Company – The Board accepted for hearing this water

enforcement action involving a Lake County facility.

Environmental Register – September 2002

People of the State of Illinois v. Saint-Gobain Containers, Inc. –

The Board accepted for hearing this air enforcement action

involving a Logan County facility.

People of the State of Illinois v. City of Des Plaines and McDonough Associates,

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

agreed motion to request relief from the hearing requirement in this air

enforcement action involving a Cook County facility, the Board ordered

publication of the required newspaper notice.

September 19, 2002

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm. Code 900-

903 – The Board opened this docket to amend and update the Board’s noise

pollution control regulations.

Administrative Citations

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

denied respondents’ motion for reconsideration and their objection to hearing

IEPA v. Rayetta Thompson – The Board granted complainant’s motion to

withdraw this administrative citation involving a Union County facility.

City of Chicago Department of Environment v. Mannion Plumbing, Inc. – The

Board granted complainant’s motion to withdraw this administrative citation

involving a Cook County facility.

IEPA v. Loxley, Inc. – The Board accepted for hearing this petition for review of

an administrative citation against this Cass County respondent.

IEPA v. Denny & Vicki Richey – The Board granted complainant’s motion to

withdraw this administrative citation involving a Clark County facility.

Environmental Register – September 2002

People of the State of Illinois v. Homin Lee d/b/a Meisel Plating – In this

Resource Conservation and Recovery Act 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)

P.A. 92-0574, eff. June 26, 2002), accepted a final stipulation and

settlement agreement, and ordered the respondent to pay a total civil penalty of

$5,500 and to cease and desist from further violations.

People of the State of Illinois v. Patrick Robert Land Trust – Having previously

found that respondent violated Sections 12(a) and 21(a), (d), and (p) of the Act

(415 ILCS 5/12(a), 21(a), (d), (p) (2000)

P.A. 92-0574, eff. June 26,

2002), and 35 Ill. Adm. Code 812.101(a). The Board ordered the respondent to

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

violations. Complainant must file an affidavit in support of their request for fees

by November 1, 2002, and respondent may file a response to the affidavit by

November 15, 2002.

Wallace Pharmaceuticals v. IEPA – The Board granted petitioner a variance,

subject to conditions, from 35 Ill. Adm. Code 215.482(a) to allow it to continue

production of pharmaceutical tablets at its facility located in Decatur, Illinois.

Provisional Variance

Seward Sanitary District v. IEPA – Upon receipt of an Illinois Environmental

Protection Agency recommendation, the Board granted this Winnebago County

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

limits set forth in its National Pollutant Discharge Elimination System permit

number ILG580138.

Motions and Other Matters

People of the State of Illinois v. D’Angelo Enterprises, Inc. – The Board found

that respondent violated Sections 21(f)(1) and (f)(2) of the Environmental

Protection Act (Act) (415 ILCS 5/21(f)(1) and (f)(2) (2000)

92-0574, eff. June 26, 2002), and 35 Ill. Adm. Code 703.121(a) and (b),

722.111, 728.107(a), 725.116(a) and (d), 725.135, 725.137, 725.151, 725.155,

725.274, 728.150(a)(1) and 809.301 of the Board’s hazardous waste and special

waste regulations. The Board concluded that respondent must pay a civil penalty

of $70,000 for violating the above hazardous waste and special waste provisions

of the Act and the Board’s regulations. Complainant must file an affidavit in

support of its request for fees by October 3, 2002, and respondent has 14 days

after being served with the affidavit to respond to the complainant’s claimed

costs and attorney fees.

People of the State of Illinois v. Craig Linton and Randy Rowe – The Board

denied both complainant’s motion for summary judgment and respondents’

motion to strike and dismiss complainant’s motion for summary judgment.

Environmental Register – September 2002

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

Company, Inc. – The Board granted complainant’s motion to dismiss Count III,

and closed this docket.

Riverdale Recycling, Inc. and Tri-State Disposal, Inc. v. IEPA – The Board

granted petitioner’s motion for voluntary dismissal of this permit appeal

involving a Cook County facility.

Village of Park Forest v. Sears, Roebuck & Company – The Board granted

parties’ joint motion for voluntary dismissal of this citizen underground storage

tank enforcement action involving a Cook County facility.

People of the State of Illinois v. Ferrara Pan Candy Company, Inc. – Upon

receipt of a proposed stipulation and settlement agreement and an agreed motion

to request relief from the hearing requirement in this air enforcement action

involving a Cook County facility, the Board ordered publication of the required

newspaper notice.

Wareco Service, Inc. v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a Knox

County facility.

Perfetti Van Melle USA, Inc. v. IEPA – The Board accepted for hearing this

permit appeal involving a Lake County facility.

Charles Stanford 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 Clay County facility.

Illinois State Toll Highway Authority (Alsip/Tri State Tollway) 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.

Warren Oil Company, Inc. v. IEPA – Having previously granted a request for a

90-day extension, the Board dismissed this matter because no underground

storage tank appeal was filed on behalf of this Cook County facility.

Hannel Oil Company v. IEPA – The Board granted this request for a 90-day

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

Scott County facility.

Environmental Register – September 2002

Hannel Oil Company v. IEPA – The Board granted this request for a 90-day

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

Scott County facility.

Lake Shore National Bank Trust No. 2921 v. IEPA – The Board granted this

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

on behalf of this Lake County facility.

Premcor Refining Group 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

Jackson County facility.

September 5, 2002 Board Meeting

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

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

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

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

People of the State of Illinois v. Acme Refining Scrap Iron and Metal Company – The Board accepted for

hearing this water enforcement action involving a Lake County facility.

Clean The Uniform Company - Highland v. Aramark Uniform & Career Apparel, Inc. – The Board held for

a later duplicative/frivolous determination this citizen’s land and water enforcement action involving a Madison

County facility.

People of the State of Illinois v. Saint-Gobain Containers, Inc. – The Board accepted for hearing this air

enforcement action involving a Logan County facility.

People of the State of Illinois v. City of Des Plaines and McDonough Associates, Inc. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request relief from the hearing requirement

in this air enforcement action involving a Cook County facility, the Board ordered publication of the required

newspaper notice.

IEPA v. Robert Peters – The Board accepted an administrative citation against this Adams

September 19, 2002 Board Meeting

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

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

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

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

Environmental Register – September 2002

Lake Shore National Bank Trust No. 2921 v. IEPA – The Board granted this request for a 90-day extension

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

Seward Sanitary District v. IEPA – Upon receipt of an Illinois Environmental Protection Agency

recommendation, the Board granted this Winnebago County facility a 45-day provisional variance, subject to

conditions, from the effluent limits set forth in its National Pollutant Discharge Elimination System permit number

Premcor Refining Group 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 Jackson County facility.

ESG Watts, Inc.

(Sangamon Valley Landfill) v.

Conference Room 403

600 South Second Street

Anthony and Karen Roti, Paul

Rosenstrock, and Leslie Weber v.

LTD Commodities

Anthony and Karen Roti, Paul

Rosenstrock, and Leslie Weber v.

LTD Commodities

Illinois Pollution Control Board Meeting

VIDEOCONFERENCE—Chicago/Springfield

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street/Chicago

Hearing Room 403

600 South Second Street/Springfield

State Oil Company, William Anest f/d/b/a

S & S Petroleum Products, Peter Anest

f/d/b/a S & S Petroleum Products,

Charles Abraham, Josephine Abraham,

and Milstream Service, Inc.

2 South Main Street

State Oil Company, William Anest f/d/b/a

S & S Petroleum Products, Peter Anest

f/d/b/a S & S Petroleum Products,

Charles Abraham, Josephine Abraham,

and Milstream Service, Inc.

2 South Main Street

Gerald Goines (Vienna/Goines, Gerald)

IEPA Docket No. 94-02-AC

Johnson County Courthouse

Annex Courtroom

13 1/2 North Fifth Street

State Oil Company, William Anest f/d/b/a

S & S Petroleum Products, Peter Anest

f/d/b/a S & S Petroleum Products,

Charles Abraham, Josephine Abraham,

and Milstream Service, Inc.

2 South Main Street

Environmental Register – September 2002

Robert and John Gray d/b/a Gray’s

Material Service

(Gilman/Gray’s Material Service) IEPA

Docket No. 52-02-AC

Iroquois County Courthouse

550 South Tenth Street

Ted Harrison Oil Company v.

Conference Room 403

600 South Second Street

Illinois Pollution Control Board Meeting

VIDEOCONFERENCE—Chicago/Springfield

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street/Chicago

Hearing Room 403

600 South Second Street/Springfield

Milton C. and Virginia L. Kamholz v.

Lawrence and Mariane Sporleder

Public Library, Training Room

414 West Judd Street

Milton C. and Virginia L. Kamholz v.

Lawrence and Mariane Sporleder

Public Library, Training Room

414 West Judd Street

Illinois Pollution Control Board Meeting

VIDEOCONFERENCE—Chicago/Springfield

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street/Chicago

Hearing Room 403

600 South Second Street/Springfield

Illinois Pollution Control Board Meeting

Conference Room 403

600 South Second Street

Doren Poland, Lloyd Yoho, and Briggs

Industries, Inc. a/k/a Briggs Plumbing

Products, Inc.; Briggs Industries, Inc.;

Third-Party Complainant v. Loren West

and Abingdon Salvage Company, Inc.,

Third-Party Respondents

Knox County Courthouse

200 South Cherry Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

ESG Watts, Inc.

(Taylor Ridge Landfill)

Conference Room 403

600 South Second Street

ESG Watts, Inc.

(Taylor Ridge Landfill)

Conference Room 403

600 South Second Street

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Environmental Register Comment Card

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

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The Environmental Register is published monthly by the Board, and

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

calendar, and other environmental law information.

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

Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704