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

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

Thomas E. Johnson, Chairman

G. Tanner Girard, Doris C. Karpiel, William A. Marovitz,

Nicholas J. Melas, Lynne P. Padovan, 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

On behalf of the Illinois Pollution Control Board, I am very pleased to welcome new

Board Members Doris C. Karpiel and Lynne P. Padovan. Board Members Karpiel

and Padovan bring with them a wealth of significant and diverse environmental

experience. I am confident that this experience will help the Board in its mission to

restore, protect, and enhance the environment for all Illinois citizens.

Board Member Karpiel is very familiar with State Government. She served in the

Illinois Senate from 1984 until 2003, and in the Illinois House of Representatives

from 1979 until 1984. During her time in the Senate, Board Member Karpiel chaired

the Executive committee and was a member of the Environment and Energy

committee. She was Illinois State Chairman of the American Legislative Exchange

Council and on the Task Force on Energy, Environment, Natural Resources and Agriculture. As a lawmaker, she

worked with constituents on environmental issues, which included removing low-level radioactive waste from West

Chicago and defeating a proposed balefill in Bartlett.

Board Member Padovan has extensive experience with environmental issues. She served as the Senior Advisor to

Governor George H. Ryan for natural resources and the environment. She also chaired the Governor’s Balanced

Growth Cabinet and the Environment and Natural Resources Cabinet. She co-chaired the Energy Cabinet, was a

Trustee of the Illinois Clean Energy Foundation, and served as the Executive Director of the Illinois Environmental

Council for ten years.

I look forward to working with both new Board Members over the next few years, and have no doubt that the Board

will be stronger as a result of their addition. Board Member Karpiel’s term on the Board runs through June 30,

2005, and Board Member Padovan’s runs through June 30, 2004.

Thomas E. Johnson, Chairman

Environmental Register – January 2003

Inside This Issue:

IEPA RESTRICTED STATUS LIST

IEPA CRITICAL REVIEW LIST

Federal Update

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

Pollutants: Plywood and Composite Wood Products Under the Clean Air Act

On January 9, 2003, (68 Fed. Reg. 1275) the United States Environmental Protection Agency (USEPA) proposed

national emission standards for hazardous air pollutants (NESHAP) for the plywood and composite wood products

(PCWP) source category.

The USEPA has determined that the PCWP source category contains major sources of hazardous air pollutants

(HAP), including acetaldehyde, acrolein, formaldehyde, methanol, phenol, and propionaldehyde. These HAPs are

associated with a variety of adverse health effects, including chronic health disorders (e.g., damage to nasal

membranes, reproductive disorders, and problems with pregnancies) and acute health disorders (e.g., irritation of

eyes, throat, and mucous membranes, dizziness, headache, and nausea).

These proposed standards would implement section 112(d) of the Clean Air Act (CAA) by requiring all major

sources subject to the rule to meet HAP emission standards reflecting the application of the maximum achievable

control technology (MACT). Implementation of the proposed standards would reduce HAP emissions from the

PCWP source category by approximately 9,700 megagrams per year (Mg/yr) (11,000 tons per year (tons/yr)). In

addition, the proposed standards would reduce emissions of volatile organic compounds (VOC) by 25,000 Mg/yr

(27,000 tons/yr). This action also proposes to add a method to measure methanol, formaldehyde, and phenol and a

method to measure total HAP at PCWP facilities.

Comments must be submitted on or before March 10, 2003 to: Air and Radiation Docket and Information Center

(Mail Code 6102T), Attention Docket Number A-98-44, Room B108, U.S. EPA, 1301 Constitution Avenue, NW.,

Washington, DC 20460.

For further information contact: Mary Tom Kissell, Waste and Chemical Processes Group, Emissions Standards

Division (C439-03), U.S. EPA, Research Triangle Park, North Carolina 27711, telephone number (919) 541-4516,

e-mail address kissell.mary@epa.gov.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2002)), once adopted by

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

Environmental Register – January 2003

United States Environmental Protection Agency Issues Water Quality Trading Policy

Under the Clean Water

On January 13, 2003, (68 Fed. Reg. 1608) the United States Environmental Protection Agency (USEPA) published

its final Water Quality Trading Policy. The final policy incorporates public comments received on the proposal

published by USEPA on May 15, 2002.

The final policy describes ways that water quality trading programs may be aligned with the Clean Water Act and

implementing regulations, and describes elements of environmentally sound trading programs. Water quality

trading is a voluntary, incentive-based approach that can offer greater efficiency in restoring or protecting water

bodies. Trading allows a source to meet its regulatory obligations by using pollutant reductions created by another

party with lower pollution control costs. USEPA's final Water Quality Trading Policy offers guidance to states and

tribes on developing and implementing water quality trading programs.

USEPA supports implementation of water quality trading by states, interstate agencies and tribes where trading:

A. Achieves early reductions and progress towards water quality standards pending development of Total

Maximum Daily Loadings (TMDLs) for impaired waters.

B. Reduces the cost of implementing TMDLs through greater efficiency and flexible approaches.

C. Establishes economic incentives for voluntary pollutant reductions from point and nonpoint sources

within a watershed.

D. Reduces the cost of compliance with water quality-based requirements.

E. Offsets new or increased discharges resulting from growth in order to maintain levels of water quality

that support all designated uses.

F. Achieves greater environmental benefits than those under existing regulatory programs. USEPA

supports the creation of water quality trading credits in ways that achieve ancillary environmental

benefits beyond the required reductions in specific pollutant loads, such as the creation and

restoration of wetlands, floodplains and wildlife and/or waterfowl habitat.

G. Secures long-term improvements in water quality through the purchase and retirement of credits by any

H. Combines ecological services to achieve multiple environmental and economic benefits, such as

wetland restoration or the implementation of management practices that improve water quality

An electronic version of the public docket is available through EPA's electronic public docket and comment system,

EPA Dockets. See EPA Dockets at http://www.epa.gov/edocket/ to view public comments, access the index listing

of the contents of the official public docket, and to access those documents in the public docket that are available

electronically.

The Board anticipates 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 as a result of this federal action. 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

The United States Environmental Protection Agency and the Department Of Defense Publish Advance

Notice of Proposed Rulemaking

On January 15, 2003, (68 Fed. Reg. 1991) the U.S. Army Corps of Engineers (Corps) and the United States

Environmental Protection Agency (USEPA) issued an advance notice of proposed rulemaking (ANPRM). The

ANPRM solicits early comment on issues associated with the scope of waters that are subject to the Clean Water

Act (CWA), in light of the U.S. Supreme Court decision in Solid Waste Agency of Northern Cook County v. U.S.

Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC).

The ANPRM requests public input on issues associated with the definition of “waters of the United States” and also

solicits information or data from the general public, the scientific community, and Federal and State resource

Environmental Register – January 2003

agencies on the implications of the SWANCC decision for jurisdictional decisions under the CWA. The goal of the

agencies is to develop proposed regulations that will further the public interest by clarifying what waters are subject

to CWA jurisdiction and affording full protection to these waters through an appropriate focus of Federal and State

resources consistent with the CWA. The input received from the public in response to the ANPRM will be used by

the agencies to determine the issues to be addressed and the substantive approach for a future proposed rulemaking

addressing the scope of CWA jurisdiction.

Comments or information in response to this ANPRM must be postmarked or e-mailed on or before March 3, 2003

and should be sent to Water Docket, Environmental Protection Agency, Mailcode 4101T, 1200 Pennsylvania Ave.,

NW., Washington, DC 20460, Attention Docket ID No. OW-2002-0050.

For information on this ANPRM, contact either Donna Downing, U.S. Environmental Protection Agency, Office of

Wetlands, Oceans and Watersheds (4502T), 1200 Pennsylvania Avenue N.W., Washington, DC 20460, phone:

(202) 566-1366, e-mail: CWAwaters@epa.gov, or Ted Rugiel, U.S. Army Corps of Engineers, ATTN CECW-OR,

441 G Street NW., Washington, DC 20314-1000, phone: (202) 761-4595, e-mail:

Thaddeus.J.Rugiel@HQ02.USACE.ARMY.MIL.

If USEPA adopts rules, the Board anticipates 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 as a result of this federal action. 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 (2002)).

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

Pollutants for Municipal Solid Waste Landfills Under the Clean Air Act

On January 16, 2003, (68 Fe. Reg. 2227) the United States Environmental Protection Agency (USEPA) adopted

national emission standards for hazardous air pollutants (NESHAP) for municipal solid waste (MSW) landfills. The

final rule is applicable to both major and area sources and contains the same requirements as the Emission

Guidelines and New Source Performance Standards (EG/NSPS).

The final rule 1) adds startup, shutdown, and malfunction (SSM) requirements, 2) adds operating condition

deviations for out-of-bounds monitoring parameters, 3) requires timely control of bioreactor landfills, and 4)

changes the reporting frequency for one type of report. The intent of the standards is to protect the public health by

requiring new and existing sources to control emissions of HAP to the level reflecting the maximum achievable

control technology (MACT). The HAP emitted by MSW landfills include, but are not limited to, vinyl chloride,

ethyl benzene, toluene, and benzene. Each of the HAP emitted from MSW landfills can cause adverse health effects

provided sufficient exposure.

The final rule is effective January 16, 2003.

For information concerning the development of the final rule, contact Ms. JoLynn Collins, Waste and Chemical

Processes Group, Emission Standards Division (C439-03), Office of Air Quality Planning and Standards, U.S.

Environmental Protection Agency, Research Triangle Park, NC 27711, telephone number (919) 541-5671, facsimile

number (919) 541-0246, electronic mail address collins.jolynn@epa.gov.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2002)), once adopted by

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

Environmental Register – January 2003

United States Environmental Protection Agency Proposes Determination of Attainment, Approval and

Promulgation of Implementation Plans, and Designation of Areas for Air Quality Planning Purposes; States

of Missouri and Illinois Under the Clean Air Act

On January 30, 2003, (68 Fed. Reg. 4847) the United States Environmental Protection Agency (USEPA) proposed a

rulemaking to determine that the St. Louis ozone nonattainment area (St. Louis area) has attained the 1-hour ozone

National Ambient Air Quality Standard (NAAQS). This proposal is based on three years of complete, quality-

assured ambient air quality monitoring data for the 2000 through 2002 ozone seasons that demonstrate that the 1-

hour ozone NAAQS has been attained in the area. USEPA is also proposing to determine that certain attainment

demonstration requirements along with certain other related requirements of part D of Title I of the Clean Air Act

(CAA) are not applicable to the St. Louis area.

Additionally, USEPA is proposing to approve an exemption from certain nitrogen oxides (NOx) requirements as

provided for in section 182(f) for the Illinois portion of the St. Louis area. Section 182(f) establishes NOx

requirements for ozone nonattainment areas. However, it provides that these requirements do not apply to an area if

the Administrator determines that NOx reductions would not contribute to attainment. Because the St. Louis area is

currently attaining the ozone NAAQS, USEPA is proposing to grant the Illinois portion of the St. Louis area a NOx

exemption from NOx reasonably available control technology (RACT) requirements. If final action is taken, the

Illinois portion of the St. Louis area would no longer be subject to these NOx emission control requirements.

However, all emission controls previously adopted by Illinois must continue to be implemented.

Lastly, USEPA is proposing to approve requests from the States of Missouri and Illinois, submitted on December 6,

2002, and December 30, 2002, respectively, to redesignate the St. Louis area to attainment of the 1-hour ozone

NAAQS. In proposing to approve these requests USEPA is also proposing to approve the states' plans for

maintaining the 1-hour ozone NAAQS through 2014, as revisions to the Missouri and Illinois State Implementation

Plans (SIPs). USEPA is also proposing to find adequate and approve the states' 2014 Motor Vehicle Emission

Budgets (MVEBs) for volatile organic compounds (VOCs) and nitrogen oxide compounds (NOx) in the submitted

maintenance plans for transportation conformity purposes.

The St. Louis nonattainment area is located in portions of Illinois and Missouri. The Illinois portion of the

nonattainment area includes Madison, Monroe, and St. Clair Counties (collectively referred to as the Metro-East

area). The Missouri portion of the nonattainment area includes Franklin, Jefferson, St. Charles, and St. Louis

Counties and St. Louis City.

Comments must be received on or before March 3, 2003, and should be mailed to J. Elmer Bortzer, Chief,

Regulation Development Section, Air Programs Branch (ART-18J), Environmental Protection Agency, Region 5,

77 West Jackson Boulevard, Chicago, Illinois 60604; or to Joshua Tapp, Chief, Air Planning and Development

Branch, Environmental Protection Agency, Region 7, 901 North 5th Street, Kansas City, Kansas 66101.

If any amendments to the Illinois air rules become necessary, the Board would expect the Illinois Environmental

Protection Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the

Environmental Protection Act (415 ILCS 5/28.5 (2002).

Appellate Update

Fourth District Affirms The Board In Illinois Environmental Protection Agency v. Jersey Sanitation Corp.,

No. 4-02-0319 (Jan. 29, 2003) (PCB 00-82)

In its January 29, 2003 unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23), in Illinois

Environmental Protection Agency v. Jersey Sanitation Corp., No. 4-02-0319 (Jan. 29, 2003), the Fourth District

Appellate Court affirmed an important Board decision concerning appealed conditions of a supplemental landfill

Jersey Sanitation Corp. v. IEPA, PCB 00-82 (June 21, 2002). This order addresses several issues of

first impression concerning interpretation of 1) substantive Board rules concerning the nature and interrelationship

of closure certifications and post-closure care permits issued under the Board’s landfill rules at 35 Ill. Adm. Code

Environmental Register – January 2003

807.502 and 807.523, and 2) Board procedural rules for the timely filing and consideration of motions for

reconsideration at 35 Ill. Adm. Code 101.202 and 101.520. Among other things, the Court’s order also provides

useful guidance to the parties in future cases before the Board on issues including the standard of review of the

Board’s decisions, and the issue of waiver of rights to challenge conditions contained in prior permits.

In February 1993, the Illinois Environmental Protection Agency (IEPA) approved a landfill closure plan for Jersey

Sanitation Corporation (Jersey). In June 1999, Jersey applied for a supplemental permit seeking facility closure

certification, including closure and post closure care plans and cost estimates. The IEPA granted the supplemental

permit with conditions. Jersey filed a petition with the Board seeking review of the conditions attached to the

supplemental permit. The Board eliminated the challenged conditions. The IEPA filed a motion to reconsider and

Jersey filed a motion to strike the IEPA’s motion. The Board denied both motions. The IEPA then appealed the

Board’s decision to the Fourth District Appellate Court on both the reconsideration denial and the stricken

conditions. Jersey filed a cross-appeal solely on the Board’s denial of its motion to strike the IEPA reconsideration

motion. The fourth district affirmed the Board’s decision in all respects.

In its cross-appeal, Jersey argued that the Board erred in denying Jersey’s motion to strike the IEPA’s motion for

reconsideration because the IEPA’s motion was untimely. The Board’s decision on Jersey’s petition was issued on

June 21, 2001. The IEPA received the Board’s decision on June 27, 2001. The Board received the IEPA’s motion

for reconsideration on August 14, 2001, although the petition was postmarked August 1, 2001. Jersey filed a

motion to strike the motion for reconsideration for lack of timeliness. The Board denied Jersey’s motion and denied

the motion for reconsideration.

The Board’s rules require a motion for reconsideration to be filed within 35 days of the date of service of its final

order. 35 Ill. Adm. Code 101.520. Section 101.300(b)(2) provides that “[i]f a document is filed by U.S. Mail

subsequent to a filing deadline, yet the postmark date precedes the filing deadline, the document will be deemed

filed on the postmark date.”

The appellate court held that the Board’s rule allows filing by mail on the due date. The court stated, “[c]onsidering

the Board’s rules that the deadline’s time computation runs until the close of business on the last day, that being the

35th day, a motion postmarked on that 35th and final day would fall within the filing deadline.” Slip op. at 10.

Consequently, the court held that the Board did not err in denying Jersey’s motion to dismiss the IEPA’s motion for

reconsideration. Since the court had jurisdiction over the appeal, it considered the merits of the IEPA’s appeal.

Before reaching the merits of the IEPA’s appeal, the court concluded that the proper standard of review on appeal

was the manifest weight of the evidence standard. Slip op. at 11. Noting that sister appellate courts had routinely

applied the manifest weight of the evidence standard to Board decisions, the Fourth District Appellate Court saw no

reason to deviate from that precedent.

The IEPA raised two arguments on appeal. First, the IEPA argued Jersey waived its right to object to groundwater

monitoring conditions in the 1999 supplemental permit since it had agreed to those conditions in the 1992

supplemental permit. The Board found that Jersey had not waived its right to object to groundwater monitoring

conditions. The court affirmed the Board’s ruling.

After filing its petition for review before the Board, Jersey filed a motion for summary judgment. Jersey argued that

the conditions in the 1999 supplemental permit were not necessary to accomplish the purposes of the Act and were

inconsistent with Board regulations applicable to Jersey’s facility because they were not required by the Code.

The IEPA argued that once a condition is imposed in a permit, and no appeal is made to the Board, an appeal of that

permit condition may not be taken in a subsequent permit. In its order, the Board rejected the IEPA’s waiver

argument because Jersey’s facility was “at a very different place in its history and a condition that may have been

appropriate during the operation of the facility may not be appropriate during the post closure care period.” Jersey

Sanitation Corp.v. IEPA, PCB 00-82, slip op. at 7-8 (June 21, 2001). The appellate court concluded that Jersey’s

appeal of the conditions imposed in the 1999 supplemental permit was neither an attempt to avoid compliance with

regulations nor a belated attempt to alter the scope of the 1992 permit. The court determined that the 1992 permit

and the 1999 postclosure care permit were different types of permits “as characterized by the Board…Here, Jersey

has passed the closure phase, and the conditions imposed in the postclosure care permit are appropriate for Jersey to

Environmental Register – January 2003

challenge. Thus, the Board correctly found Jersey had not waived its objection to the conditions in the postclosure

care permit.” Illinois Environmental Protection Agency v. Jersey Sanitation Corp., No. 4-02-0319 (Jan. 29, 2003),

slip op. at 17.

Next, the IEPA argued that the Board incorrectly struck the supplemental permit conditions. To prevail on its

petition, Jersey had to show that the IEPA’s conditions were unnecessary to accomplish the purposes of the Act.

The Board struck IEPA conditions regarding groundwater monitoring requirements, a requirement to compare the

groundwater quality standard to an analysis of parameters of all wells and an assessment of the landfill’s impact on

groundwater, and a condition requiring water quality records to be maintained at the site operator office and

reviewed quarterly during the postclosure care period. For each condition, Jersey already had groundwater

monitoring plan procedures. The Board held that Jersey’s plan was sufficient to meet the requirements of the Act

and the Board regulations. Consequently, the IEPA’s permit conditions were unnecessary. The court held that the

Board’s decision was not against the manifest weight of the evidence. Slip op. at 21.

Second District Grants The Board’s Motion To Dismiss Appeal in Nordean & Susan Simon d/b/a Berman's

Auto Parts v. IEPA, No. 2-02-1216 (Jan. 27, 2003) (AC 02-2)

In its January 27, 2003 final unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23), in Nordean &

Susan Simon d/b/a Berman’s Auto Parts v. IEPA, No. 2-02-1216 (Jan. 27, 2003), the Second District Appellate

Court dismissed the appeal for lack of jurisdiction. When filing the appeal, the Simons named only the Illinois

Environmental Protection Agency as respondent, but did not name the Board. The court held that the appellant’s

failure to name all necessary parties of record pursuant to Supreme Court Rule 335 was a fatal error.

In the underlying Board decision, the Board found that the respondents had committed the violations alleged by the

IEPA in the administrative citation. After a hearing on the Simons’ petition for review, the Board found that they

had violated Section 21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)) by causing or

allowing open dumping resulting in litter on their Belvidere, Boone County property. The Board imposed the

$1500 statutory penalty and assessed roughly $800 in IEPA and Board hearing costs. IEPA v. Nordean & Susan

Simon d/b/a Berman’s Auto Parts, AC 02-2 (September 9, 2002).

Rule Update

Board Adopts Final Opinion and Order in RCRA Subtitle C Update, USEPA Amendments (January 1, 2002

through June 30, 2002) (R03-07)

On January 9, 2003, the Board adopted a final opinion and order for amendments that are “identical in substance” to

hazardous waste regulations that the United States Environmental Protection Agency (USEPA) adopted to

implement Subtitle C of the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42

U.S.C. §§ 6921

.). The final rules include federal RCRA Subtitle C amendments that USEPA adopted in the

period January 1, 2002 through June 30, 2002. The final rules were held for a 30-day USEPA review period, and

will then be filed with the Secretary of State’s Index Department.

The Board adopted amendments to the Illinois rules based on USEPA amendments of February 13, 2002 (67 Fed.

Reg. 6792), February 14, 2002 (67 Fed. Reg. 6968), and May 8, 2002 (67 Fed. Reg. 30811). The February 13,

2002 amendments established interim emission standards for hazardous waste combustors, the February 14, 2002

action amended the September 30, 1999 hazardous waste combustor rule to facilitate implementation of the rule,

and the May 8, 2002 amendments covered correction of segments of the consolidated permit rules of 40 C.F.R. 124

as printed in the 2001 edition of the

Code of Federal Regulations

. The Board also made numerous nonsubstantive

cleanup amendments to the existing text of the Parts opened in this rulemaking.

Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in substance to federal

regulations that USEPA adopts to implement Sections 3001 through 3005 of RCRA (42 U.S.C. §§ 6921-6925

(2000)). Sections 13(c) and 22.4(a) also provide that Title VII of the Act and Section 5 of the Administrative

Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (2002)) do not apply to the Board’s adoption of identical-in-

Environmental Register – January 2003

substance regulations. The federal RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270,

271, 273, and 279.

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

mccambm@ipcb.state.il.us

Board Adopts First Notice Opinion and Order in Petition of Central Illinois Light Company (E. D. Edwards

Generating Station) for a Site Specific Air Regulation: 35 Ill. Adm. Code 214.561 (R02-21)

On January 23, 2003, the Board adopted a first notice opinion and order in Petition of Central Illinois Light

Company (E. D. Edwards Generating Station) for a Site Specific Air Regulation: 35 Ill. Adm. Code 214.561 (R02-

21). The proposed rulemaking was filed with the Secretary of State’s Index Department and will be published in

Illinois Register

. The Board will accept comments on the proposal for 45 days after its publication.

Central Illinois Light Company (CILCO) operates the E.D. Edwards Generating Station (facility) located near

Peoria in Peoria County. The facility consists of three coal-fired boilers. CILCO previously received a variance

from 35 Ill. Adm. Code 214.141.

entral Illinois Light Company v. IEPA, PCB 99-80 (Apr. 15, 1999). The

variance is effective through July 31, 2003. Boilers 1 and 3 are subject to a sulfur dioxide emission limit under a

site-specific rule at 35 Ill. Adm. Code 214.561. Boiler 2 is subject to the sulfur dioxide emissions limit under 35 Ill.

Adm. Code 214.141.

CILCO seeks to make permanent the relief it was granted in PCB 99-80 by amending 35 Ill. Adm. Code 214.561 to

apply to the operation of Boiler 2. But, CILCO also requests that the Board repeal the text of 35 Ill. Adm. Code

214.561 and replace it verbatim with text from the variance order of April 15, 1999. CILCO asserts that this

language has already been reviewed, approved by the United States Environmental Protection Agency, and

incorporated into the approved Illinois State Implementation Plan pursuant to the Clean Air Act.

This petition replaces CILCO’s earlier-filed petition for adjusted standard seeking the same relief. This petition was

dismissed as unnecessary. 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, AS 02-4 (May 5, 2002).

A hearing in this rulemaking was held on October 11, 2002 in Peoria, Illinois.

For more information contact John Knittle at (217) 278-3111 or email at knittlej@ipcb.state.il.us

Board Accepts Proposal for Hearing in Proposed Amendments to: Public Participation Rules in 35 Ill. Adm.

Code Part 309 NPDES Permits and Permitting Procedures (R03-19)

On January 23, 2003, the Board accepted for hearing a rulemaking proposal filed by the Environmental Law and

Policy Center of the Midwest, Illinois Chapter of the Sierra Club, Prairie Rivers Network, and 225 citizen

petitioners (the proponents) in the matter of Proposed Amendments to: Public Participation Rules in 35 Ill. Adm.

Code Part 309 NPDES Permits and Permitting Procedures (R03-19).

The proposal, filed with the Board on January 13, 2003, seeks to amend the Board’s regulations at 35 Ill. Adm.

Code 309 for the issuance of permits by the Illinois Environmental Protection Agency under the National Pollutant

Discharge Elimination System (NPDES). The rulemaking proposes changes to the public participation procedures

of the NPDES permit process.

The Board found that the petition met the content requirements of 35 Ill. Adm. Code 102.202 in the Board’s

procedural rules. Hearings in this rulemaking have been scheduled in Chicago on March 17, 2003 in the James R.

Thompson Center Room 9-040, 100 W. Randolph Street, and in Springfield on April 2, 2003 in Room 403, 600 S.

Environmental Register – January 2003

For more information contact Marie Tipsord at (312) 814-4925 or email at tipsordm@ipcb.state.il.us

Board Actions

January 9, 200

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

In the Matter of: RCRA Subtitle C Update, USEPA Amendments (January 1,

2002 through June 30, 2002) – The Board adopted a final opinion and order in

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

In the Matter of: UST Update, USEPA Amendments (July 1, 2002 through

December 31, 2002) – The Board reserved this docket for a routine identical-in-

substance update. The update includes any federal amendments which occurred

during the period of July 1, 2002 through December 31, 2002.

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

1, 2002 through December 31, 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 July 1, 2002 through December

In the Matter of: Definition of VOM Update, USEPA Amendments (July 1,

2002 through December 31, 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 July 1, 2002 through December 31, 2002.

SWDA Update, USEPA Amendments (July 1, 2002 through December 31,

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 July 1, 2002 through December 31, 2002.

UIC Update, USEPA Amendments (July 1, 2002 through December 31, 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 July

1, 2002 through December 31, 2002.

RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA

Amendments (July 1, 2002 through December 31, 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 July 1, 2002 through

December 31, 2002.

Environmental Register – January 2003

RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (July 1,

2002 through December 31, 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 July 1, 2002 through December 31, 2002.

Administrative Citations

IEPA v. Dan Cadwallader – The Board accepted for hearing this petition for

review of an administrative citation against this Putnam County respondent.

Gladys L. Knox and David A. Knox v. Turris Coal Company and AEI

Resources, Inc. – The Board found that the respondent did not violate Section 24

of the Act (415 ILCS 5/24 (2000)) amended by P.A. 92-0574, eff. June 26, 2002,

and 35 Ill. Adm. Code 900.102, 901.102(a) and (b) of the Board’s noise

regulations. The Board dismissed the case and closed the docket.

County of Kankakee and Edward D. Smith, State’s Attorney of Kankakee

County v. City of Kankakee, Illinois, The City Council, Town and Country

Utilities, Inc., and Kankakee Regional Landfill, L.LC.; Byron Sandberg v. The

City of Kankakee, Illinois City Council, Town and Country Utilities, Inc. and

Kankakee Regional Landfill, L.L.C.; Waste Management of Illinois v. City of

Kankakee, Illinois, City Council, Town and Country Utilities, Inc. and Kankakee

Regional Landfill, L.L.C. – The Board reversed the August 19, 2002 decision of

the City of Kankakee that granted Town & Country Utilities, Inc. and Kankakee

Regional Landfill’s application to site a pollution control facility.

Motions and Other Matters

Kiehl Engineering Company, Inc. v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this request for an air variance involving a

DuPage County facility.

People of the State of Illinois v. Joe Decicco Demolition, Inc. – The Board

granted complainant’s motion for summary judgment in part. The Board found

that the respondent violated Section 9.1(d)(1) of the Environmental Protection

Act (415 ILCS 5/9.1(d)(1) (2000)), and Sections 61.145(b)(3), 61.145(b)(4)(i),

61.145(b)(4)(iii), 61.145(b)(4)(v), and 61.145(b)(4)(ix) of the asbestos National

Emission Standards for Hazardous Air Pollutants (40 C.F.R. §§ 61.145(b)(3),

61.145(b)(4)(i), 61.145(b)(4)(iii), 61.145(b)(4)(v), and 61.145(b)(4)(ix) (2000)).

The Board directed this matter to hearing as expeditiously as practicable on the

specific issues of the appropriate penalty amount, costs, and attorney fees.

Environmental Register – January 2003

People of the State of Illinois v. Union Pacific Railroad – 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 site

in Randolph and Jackson Counties, the Board ordered publication of the required

newspaper notice.

People of the State of Illinois v. FIC America Corporation – 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

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

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

voluntary dismissal of this underground storage tank appeal involving a Cook

County facility.

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

storage tank appeal involving a Pike County facility.

Illinois Ayers Oil Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Knox County facility.

Newton Community High School v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Jasper County facility.

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

underground storage tank appeal involving a Christian County facility.

Mahr’s Sales & Service v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Fulton County facility.

Herr Petroleum Corporation v. Illinois State Fire Marshal – The Board accepted

for hearing this underground storage tank appeal involving a Knox County

Main 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 Macoupin

County facility.

Environmental Register – January 2003

Sheridan Oil Company, 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

McLean County facility.

Wabash Valley 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 Edwards

County facility.

Chicago Fire Brick 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.

Chicago Fire Brick 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.

Ralph Johnson 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 Christian

County facility.

Dean Schneidewind 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 St.

Clair County facility.

Lone Star Industries, Inc. v. IEPA – The Board accepted for hearing this air

permit appeal involving a LaSalle County facility. The Board granted petitioners

motion to stay effectiveness of CAAPP permit until the Board’s final action in

this matter or until the Board orders otherwise.

Abitec Corporation v. IEPA – The Board accepted for hearing this air permit

appeal involving an Edgar County facility. No action was taken on petitioners

request for stay of CAAPP permit.

Illinois Department of Transportation 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 Knox County facility.

Environmental Register – January 2003

January 23, 2003

Chicago, Illinois

Rulemakings

In the Matter of: Petition of Central Illinois Light Company (E.D. Edwards

Generating Station) for a Site-Specific Air Regulation: 35 Ill. Adm. Code

214.561 – The Board adopted a first notice opinion and order in this matter to

amend the Board’s air regulations.

In the Matter of: Proposed Amendments to Public Participation Rules in 35 Ill.

Adm. Code Part 309 NPDES Permits and Permitting Procedures – The Board

accepted for hearing the Environmental Law and Policy Center of the Midwest,

Illinois Chapter of the Sierra Club, the Prairie Rivers Network, and 225 citizen

petitioners’ January 13, 2003 proposal to amend the Board’s water pollution

control regulations.

People of the State of Illinois v. API Industries, 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) (2002)), accepted a final stipulation and settlement

agreement, and ordered the respondent to pay a total civil penalty of $50,000,

and to cease and desist from further violations.

People of the State of Illinois v. Patrick Robert Land Trust – The Board entered

an order requiring respondent to reimburse the Office of the Attorney General

$2,730.90 for attorney fees. This order follows the Board's interim order of

September 19, 2002, which found that this respondent had violated Sections

12(a) and 21(a), (d), and (p) of the Act (415 ILCS 5/12(a), 21(a), (d), (p) (2002))

and 35 Ill. Adm. Code 812.101(a) and assessed a penalty of $12,000.

People of the State of Illinois v. Marc Development Corporation and Silver Glen

Estates Homeowners’ Association – In this water enforcement action concerning

a Kane 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)

(2002)), and accepted a final stipulation and settlement agreement for the Silver

Glen Estates Homeowners’ Association (Silver Glen) only. Silver Glen was

ordered to pay a civil penalty of $2,000. Silver Glen was ordered to cease and

desist from further violations. This matter shall proceed against the remaining

respondent, Marc Development Corporation.

Mineral Solutions, Inc. v. IEPA – The Board struck as unnecessary to

accomplish the purpose of the Environmental Protection Act (Act) a temporary

waste suspension permit condition that required petitioner to submit proof of

local siting approval pursuant to Section 39.2 of the Act (415 ILCS 5/39.2

(2002)) prior to accepting more waste. The Board remanded the permit to the

Illinois Environmental Protection Agency to issue the permit consistent with this

opinion and order.

Environmental Register – January 2003

People of the State of Illinois v. City of Georgetown & T.K. Fleming

Construction, Inc. – In this public water supply enforcement action concerning a

Vermilion 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)

(2002)), and accepted a final stipulation and settlement agreement for the City of

Georgetown (Georgetown) only. Georgetown was ordered to pay a civil penalty

of $500. Georgetown was ordered to cease and desist from further violations.

This matter shall proceed against the remaining respondent, T.K. Fleming

Construction, Inc.

Motions and Other Matters

Vogue Tyre & Rubber Company v. Office of the State Fire Marshal – The Board

denied petitioner’s motion to reconsider the Board’s December 5, 2002 decision.

People of the State of Illinois v. National Material L.P. d/b/a National

Lamination Company, and NM Holding, Inc. – The Board granted

complainant’s motion for leave to file an amended complaint and accepted the

first amended complaint for hearing.

People of the State of Illinois v. Millenium Recycling & Solid Waste

Consultants, Inc. – The Board granted an attorney’s motion to withdraw as

counsel for respondent.

David L. & Rachel B. Weber v. Cisco Methodist Church – The Board granted

complainants’ motion to dismiss this noise enforcement action involving a Piatt

County facility.

Barbara and Ronald Stuart v. Franklin Fisher – The Board denied the County of

Will’s motion to intervene.

D&R Service v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Randolph County facility.

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

storage tank appeal involving a St. Clair County facility.

Karco, 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 Jackson County facility.

Environmental Register – January 2003

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

underground storage tank appeal involving an Edgar County facility.

2222 Elston L.L.C. v. Purex Industries, Inc., Federal Die Casting Co., Federal

Chicago Corp., Raymond E. Cross, Beverly Bank Trust No. 8-7611, and

Lakeside Bank Trust Nos. 10-1087 & 10-1343 – The Board denied the City of

Chicago’s (City) motion to intervene, noting that the City could file its own

enforcement action.

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

underground storage tank appeal involving an Edgar County facility.

Nielsen & Bainbridge, L.L.C. v. IEPA – The Board accepted for hearing this air

permit appeal involving a Cook County facility. No action was taken on

petitioner’s request for stay of CAAPP permit.

Sather Enterprises, Ltd. 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

Dewitt County facility.

People of the State of Illinois v. National Container Services Corporation – 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.

People of the State of Illinois v. Werner Co. – The Board accepted for hearing

this air enforcement action involving a Cook County facility.

U.S. Department of Energy v. IEPA – The Board granted this request for a 90-

day extension of time to file a permit appeal on behalf of this DuPage County

Eugene J. and Ruth A. Brummer-Dieterich v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Eugene J. and Ruth A. Brummer-Dieterich

located in Effingham County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

Environmental Register – January 2003

Waste Management of Illinois, Inc. v. County Board of Kane County, Illinois –

The Board accepted for hearing this pollution control facility siting appeal

involving a Kane County facility.

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

underground storage tank appeal involving an Edgar County facility.

Willaredt 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

Macon County facility.

January 9, 2003 Board Meeting

Herr Petroleum Corporation v. Illinois State Fire Marshal – The Board accepted for hearing this

underground storage tank appeal involving a Knox County facility.

Main 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 Macoupin County facility.

Sheridan Oil Company, 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 McLean County facility.

Wabash Valley 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 Edwards County facility.

Chicago Fire Brick 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.

Chicago Fire Brick 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.

Ralph Johnson 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 Christian County facility.

Dean Schneidewind 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 St. Clair County facility.

Lone Star Industries, Inc. v. IEPA – The Board accepted for hearing this air permit appeal involving a

LaSalle County facility. The Board granted petitioners motion to stay effectiveness of CAAPP permit until the

Board’s final action in this matter or until the Board orders otherwise.

Abitec Corporation v. IEPA – The Board accepted for hearing this air permit appeal involving an Edgar

County facility. No action was taken on petitioners request for stay of CAAPP permit.

Martin E. & Kathy L. Geber v. Clayton Moushon, Carri Scharf Trucking and Materials, City of East Peoria,

Mayor Chuck Dobbelaire, and City Administrator James Brimberry – The Board held for a later

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

Illinois Department of Transportation 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 Knox County facility.

County of Jackson v. James Qualls – The Board accepted an administrative citation against this Jackson

County respondent.

Environmental Register – January 2003

IEPA v. Paul Rider – The Board accepted an administrative citation against this McLean

Lloyd Milles Farm, Inc. v. IEPA – IEPA v. Terry Stanley – The Board accepted an administrative

citation against this Marshall

County respondent.

Lloyd Milles Farm, Inc. v. IEPA – Pending receipt of the certificate of publication, the Board held this

Will County facility’s petition for an adjusted standard from the Board’s water pollution control regulations.

In the Matter of: UST Update, USEPA Amendments (July 1, 2002 through December 31, 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 July 1, 2002 through December 31, 2002.

In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (July 1, 2002 through December

31, 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 July 1, 2002 through December 31, 2002.

In the Matter of: Definition of VOM Update, USEPA Amendments (July 1, 2002 through December 31,

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 July 1, 2002 through December 31, 2002.

SWDA Update, USEPA Amendments (July 1, 2002 through December 31, 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 July 1, 2002 through December 31, 2002.

UIC Update, USEPA Amendments (July 1, 2002 through December 31, 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 July 1, 2002 through December 31, 2002.

RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA Amendments (July 1, 2002 through

December 31, 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 July 1, 2002 through December 31, 2002.

RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (July 1, 2002 through December 31,

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 July 1, 2002 through December 31, 2002.

January 23, 2003 Board Meeting

Nielsen & Bainbridge, L.L.C. v. IEPA – The Board accepted for hearing this air permit appeal involving a

Cook County facility. No action was taken on petitioner’s request for stay of CAAPP permit.

Sather Enterprises, Ltd. 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 Dewitt County facility.

People of the State of Illinois v. National Container Services Corporation – 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

People of the State of Illinois v. Werner Co. – The Board accepted for hearing this air enforcement action

involving a Cook County facility.

U.S. Department of Energy v. IEPA – The Board granted this request for a 90-day extension of time to file a

permit appeal on behalf of this DuPage County facility.

Eugene J. and Ruth A. Brummer-Dieterich v. IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities of Eugene J. and Ruth A.

Brummer-Dieterich located in Effingham County are pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).

Environmental Register – January 2003

Waste Management of Illinois, Inc. v. County Board of Kane County, Illinois – The Board accepted for

hearing this pollution control facility siting appeal involving a Kane County facility.

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

involving an Edgar County facility.

Village of South Elgin v. Waste Management of Illinois, Inc. – The Board held for a later

duplicative/frivolous determination this citizen’s land enforcement action involving a Kane County facility.

Willaredt 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 Macon County facility.

IEPA v. Village of Metamora – The Board accepted an administrative citation against this Woodford

County respondent.

IEPA v. Jerry Summers – The Board accepted an administrative citation against this Fayette

IEPA v. Harley Lafary d/b/a Lafary Construction, Harris Lafary and Larry Payne, Sr. – The Board

accepted an administrative citation against these McDonough

County respondents.

In the Matter of: Proposed Amendments to Public Participation Rules in 35 Ill. Adm. Code Part 309

NPDES Permits and Permitting Procedures – The Board accepted for hearing the Environmental Law and Policy

Center of the Midwest, Illinois Chapter of the Sierra Club, the Prairie Rivers Network, and 225 citizen petitioners’

January 13, 2003 proposal to amend the Board’s water pollution control regulations.

ILLINOIS POLLUTION

CONTROL BOARD MEETING

VIDEOCONFERENCE—

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 West Randolph St./Chicago

Hearing Room 403

600 South Second St./Springfield

ILLINOIS POLLUTION

CONTROL BOARD MEETING

James R. Thompson Center

Conference Room 2-025

100 West Randolph St.

Brian Finley, Local 3315 of the American

Federation of State County and Municipal

Employees (Cook County Public Defenders

Assn.) and named others v.

Acme Barrel Company, Inc. a/k/a Acme Barrel

Company, a/k/a IFCO Systems Chicago, Inc. and

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

VIDEOCONFERENCE—

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 West Randolph St./Chicago

Hearing Room 403

600 South Second St./Springfield

Rantoul Township High School District No. 193

Conference Room 403

600 South Second Street

Environmental Register – January 2003

People of the State of Illinois v.

ESG Watts, Inc. (Taylor Ridge Landfill)

Conference Room 403

600 South Second Street

People of the State of Illinois v.

ESG Watts, Inc. (Taylor Ridge Landfill)

Conference Room 403

600 South Second Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

VIDEOCONFERENCE—

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 West Randolph St./Chicago

Hearing Room 403

600 South Second St./Springfield

City of Chicago Department of Environment v.

City Wide Disposal Inc.

James R. Thompson Center

100 West Randolph Street

People of the State of Illinois

v. City of Waukegan

2nd Floor – Board Room

Proposed Amendments to: Public Participation

Rules in 35 Ill. Adm. Code Part 309 NPDES

Permits and Permitting Procedures

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

People of the State of Illinois

Alloy Engineering and Casting Company

City Council Chambers

Proposed Amendments to: Public Participation

Rules in 35 Ill. Adm. Code Part 309 NPDES

Permits and Permitting Procedures

Conference Room 403

600 South Second Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

VIDEOCONFERENCE—

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 West Randolph St./Chicago

Hearing Room 403

600 South Second St./Springfield

ILLINOIS POLLUTION

CONTROL BOARD MEETING

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

Environmental Register – January 2003

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

The Restricted Status List was developed to give additional notification to officials of public water supplies which

are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental

Protection Act.

The Restricted Status List will include all Public Water Supplies for which the Agency has information indicating a

violation of any of the following requirements: Finished water quality requirements of 35 Ill. Adm. Code, Part 604,

Subparts B and C; maintenance of adequate pressure on all parts of the distribution system under all conditions of

demand; meeting raw water quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment

facilities capable of providing water "assuredly adequate in quantity" as required by Section 18 of the Illinois

Environmental Protection Act.

A public water supply on the Restricted Status List will not be issued permits for water main extensions, except for

certain limited situations, or unless the supply has been granted a variance from the Illinois Pollution Control Board

for the violation, or from permit issuance requirements of Section 39 of the Act.

This list is continually being revised as new information becomes available, and therefore, specific inquiries as to

the status of any public water supply should be directed to the Division of Public Water Supplies for final

determination. This list reflects the status as of January 1, 2003.

Indicates public water supplies that have been added to the list since the previous publication.

PUBLIC WATER SUPPLY/COUNTY/FACILITY

Acorn Acres Sbdv (Lake Co - 0975020)

Inadequate Pres Tank

Alden Long Grove Nursing Center(Lake Co - 0971090)

Inadequate Pres Tank

Alpha (Henry Co - 0730050)

Adjusted Gross Alpha

Bahl Wtr Corp (Jo Daviess Co - 0855200)

Inadequate Pres Storage

Biggsville (Henderson Co - 0710050)

Adjusted Gross Alpha

Bonnie Lane Water Supply (Kendall Co - 0930010)

Inadequate Pres Tank

Bradford (Stark Co - 1750050)

Bradley Hts Sbdv (Winnebago Co - 2015050)

Inadequate Pres Tank

Brimfield (Peoria Co - 1430150)

Adjusted Gross Alpha

Bryant (Fulton Co - 0570200)

Adjusted Gross Alpha

Buckingham (Kankakee Co - 0910250)

Inadequate Pres Tank

Environmental Register – January 2003

PUBLIC WATER SUPPLY/COUNTY/FACILITY

Bushnell (McDonough Co - 1090150)

Adjusted Gross Alpha

Byron Woods Sbdv (Rock Island Co - 1610070)

Carbon Hill (Grundy Co - 0630100)

Adjusted Gross Alpha

Carroll Hts Utl Cmpny (Carroll Co - 0155200)

Inadequate Pres Tank

Century Pines Apts (Carroll Co - 0150020)

Inadequate Pres Tank

Claremont Hls Sbdv (McHenry Co - 1115080)

Inadequate Pres Tank

Clearview Sbdv (Will Co - 1975360)

Inadequate Pres Tank

Coyne Cntr Coop (Rock Island Co - 1615150)

Inadequate Pres Tank

Cropsey Cmnty Wtr (McLean Co - 1135150)

Inadequate Pres Tank

Crystal Clear Wtr Cmpny (McHenry Co - 1115150)

Inadequate Pres Tank

Crystal Hts Assn (McHenry Co - 1115100)

Inadequate Pres Tank

D and R Apts (Champaign Co - 0190030)

Inadequate Pres Tank

Deering Oaks Sbdv (McHenry Co - 1115200)

Inadequate Pres Tank

DeKalb Univ Dvl Corp (DeKalb Co - 0375148)

Inadequate Pres Tank

DeWitt Cnty NH (DeWitt Co - 0395129)

Inadequate Pres Tank

DL Well Owners Assn (Lake Co - 0975380)

Inadequate Pres Tank

Dover (Bureau Co - 0110350)

Inadequate Pres Tank

East End Wtr Assn (Rock Island Co - 1610140)

Inadequate Storage Capacity

Eaton PWD (Crawford - 0335100)

Indequate Source Capacity

East Moreland Wtr Assn (Will Co - 1975600) 2

East Moreland Wtr Corp (Will Co - 1975640) 2

Edelstein (Peoria Co - 1435150)

Adjusted Gross Alpha

Edgington Water District (Rock Island Co-1615550)

Inadequate Pres Tank

Emmett Utl Inc (McDonough Co - 1095200)

Inadequate Pres Tank

Evansville (Randolph Co - 1570250)

6 Trihalomethane

73,233 06/15/02

Environmental Register – January 2003

PUBLIC WATER SUPPLY/COUNTY/FACILITY

Evergreen Vlg Sbdv (Rock Island Co - 1615310

Inadequate Pres Tank

Fahnstock Court Sbdv (Peoria Co - 1435200)

Inadequate Pres Tank

Fair Acres Sbdv (Will Co - 1975680)

Inadequate Pres Tank

Forest Lake Addn (Lake Co - 0975500)

Inadequate Pres Tank

Frwrd-Skyline Cpy (Kane Co - 0895030)

Inadequate Pres Tank

Galva (Henry Co - 0730450)

Adjusted Gross Alpha

Garden Street Imprv Assn (Will Co - 1975376)

Inadequate Pres Tank

Gardner (Grundy Co - 0630400)

Adjusted Gross Alpha

Glasford (Peoria Co - 1430350)

Adjusted Gross Alpha

Glenkirk Campus North (Lake Co - 0977189)

Inadequate Pres Tank

Glenkirk Campus South (Lake Co - 0977199)

Inadequate Pres Tank

Good Shepherd Mnr (Kankakee Co - 0915189)

Inadequate Pres Tank

Great Oaks&Beacon Hls Apts (Winnebago Co-2015488)

Inadequate Pres Tank

Greenwood Outback (LaSalle Co - 0990080)

Inadequate Pres Tank

Harbor Lites/Pistakee Fshg Cl (McHenry Co - 1110011)

Inadequate Pres Tank

Hardinville (Crawford Co - 0330020)

Inadequate Source Capacity

Hawthorn Woods (Lake Co - 0970450)

Inadequate Pres Tank

Heatherfield Sbdv (Grundy Co - 0635150)

Inadequate Pres Tank

Hettick (Macoupin Co - 1170500)

5 Trihalomethane

Highland Sbdv (Kane Co - 0895530)

Inadequate Pres Tank

Hillview Sbdv (Will Co - 1975800)

Inadequate Pres Tank

Holy Family Villa (Cook Co - 0310280)

Inadequate Pres Tank

Hopewell (Marshall Co - 1235150)

Adjusted Gross Alpha

Huntley Cmnty Sbdv (Will Co - 1975840)

Inadequate Pres Tank

Ingalls Pk Sbdv (Will Co - 1975880)

Inadequate Pres Tank

Kewanee (Henry Co - 0730650)

Adjusted Gross Alpha

Environmental Register – January 2003

PUBLIC WATER SUPPLY/COUNTY/FACILITY

Kingston Mines (Peoria Co - 1430450)

Adjusted Gross Alpha

Kirk Wtr Line (Crawford Co - 0330030

Inadequate Source Capacity

Knoxville (Knox Co - 0950300)

Adjusted Gross Alpha

Lake Lynwood Wtr Sys (Henry Co - 0735330)

Inadequate Pres Tank

Lakeview Acres (McHenry Co - 1110120)

Inadequate Hydro Storage

Lakeview Hills Wtr Supply Cp (Whiteside Co - 1955150)

Inadequate Pres Tank

Lakewood Shores Imprv Assn

Adjusted Gross Alpha

Land and Water Assn (LaSalle Co - 0995050)

Inadequate Pres Storage

Larchmont Sbdv (Winnebago Co - 2015290)

Inadequate Pres Tank

Larson Court Rentals (Rock Island Co - 1615728)

Inadequate Pres Tank

Legend Lakes Wtr Assn (Winnebago Co - 2015300)

Inadequate Pres Tank

Liberty Park Homeowners Assn (DuPage Co - 0435600)

Inadequate Pres Tank

Lindenwood Wtr Assn (Ogle Co - 1415300)

Inadequate Pres Tank

Lisbon North Inc (Grundy Co - 0631000)

Inadequate Pres Tank

Little York (Warren Co - 1870100)

Adjusted Gross Alpha

London Mills (Fulton Co - 0574620)

Inadequate Pres Tank

Lostant (LaSalle Co - 0990450)

Adjusted Gross Alpha

Lynn Cntr (Henry Co - 0735100)

Inadequate Pres Tank

Lynnwood Water Corp (LaSalle Co - 0995336)

Inadequate Pres Tank

M C L W Sys Inc (Mercer Co - 1315150)

Inadequate Source

Maple Leaf Ests Wtr Corp (Monroe Co - 1335100)

Inadequate Pres Tank

Mapleton (Peoria Co - 1430500)

Adjusted Gross Alpha

Mayfair Sbdv (Tazewell Co - 1795750)

Inadequate Pres Tank

Monmouth (Warren Co - 1870150)

Adjusted Gross Alpha

Mound PWD (St Clair Co - 1635050)

Inadequate Plant Capacity

Northfield (Cook Co - 0312100)

Inadequate Storage Capacity

Environmental Register – January 2003

PUBLIC WATER SUPPLY/COUNTY/FACILITY

Northwest Belmont Imprv Assn (DuPage Co - 0435900)

Inadequate Pres Tank

Oak Ridge Sndst (Woodford Co - 2035300)

Inadequate Pres Tank

Oakview Avenue Wtrwks Inc (Will Co - 1977210)

Inadequate Pres Tank

Oblong (Crawford Co - 0330150)

Inadequate Source Capacity

Olivet Nazarene College (Kankakee Co - 0915279)

Inadequate Pres Tank

Opheim PWS (Henry Co - 0735150)

Inadequate Pres Tank

Osco Mutual Wtr Supply Cpy Inc (Henry Co-0735200)

Inadequate Pres Tank

Park Road Wtr Assn (Will Co - 1977330)

Inadequate Pres Tank

Park View Wtr Corp (Kane Co - 0895500)

Inadequate Pres Tank

Patoka (Marion Co - 1210400)

Inadequate Plant Capacity

Polo Dr & Saddle Rd Sbdv (DuPage Co - 0437000)

Inadequate Pres Tank

Ports of Sullivan Lake Assn (Lake co - 0971160)

Inadequate Pres Tank

Prairie Oaks Ests Hmown Assn (Grundy Co - 0630060)

Adjusted Gross Alpha

Prairie Ridge Assn (McHenry Co - 1115730)

Inadequate Pres Tank

Ridgecrest North Sbdv (Grundy Co - 0635250)

Inadequate Pres Tank

Ridgewood Ledges Wtr Assoc(Rock Island Co-1615670)

Inadequate Pres Tank

Ridgewood Sbdv (Will Co - 1977650)

Inadequate Pres Tank

Riverwoods Spcl Dstrct 3 (Lake Co - 0971451)

Inadequate Souce Capacity

Robinson Palestine Wtr Cmsn (Crawford Co - 0335030)

Inadequate Plant Capacity

Santa Fe Ests (Peoria Co - 1435490)

Adjusted Gross Alpha

Sbdv Wtr Trust No 1 (Kane Co - 0895300)

Inadequate Pres Tank

Shawnita Trc Wtr Assn (Will Co - 1977690)

Inadequate Pres Tank

Skyview Estates (Kankakee Co - 0915526)

Inadequate Pres Tank

South Wilmington (Grundy Co - 0630650)

Adjusted Gross Alpha

St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040)

Inadequate Pres Tank

Standard (Putnam Co - 1550300)

Adjusted Gross Alpha

Environmental Register – January 2003

PUBLIC WATER SUPPLY/COUNTY/FACILITY

Sturm Sbdv (Lake Co - 0977010)

Inadequate Pres Tank

Suburban Heights Sbdv (Rock Island Co - 1615800)

Inadequate Pres Tank

Summit Homeowners Assn (Lake Co - 0975280)

Inadequate Pres Tank

Sunny Hill Ests Sbdv (Henry Co - 0735300)

Inadequate Pres Tank

Sunnyland Sbdv (Will Co - 1977730)

Inadequate Pres Tank

Swedona Wtr Assn (Mercer Co - 1315200)

Inadequate Pres Tank

Sylvan Lake 1st Sbdv (Lake Co - 0977100)

Inadequate Pres Tank

Toulon (Stark Co - 1750150)

Adjusted Gross Alpha

Towners Sbdv (Lake Co - 0977250)

Inadequate Pres Tank

Trimble Wtr Co (Crawford Co - 0335200)

Inadequate Source Capacity

Trivoli PWD (Peoria Co - 1435510)

Inadequate Pres Tank

Turkey Hollow Well Corp (Rock Island Co - 1615686)

Inadequate Pres Tank

Utl Inc Holiday Hills (McHenry Co - 1115350)

Inadequate Pres Tank

Utl Inc Lake Holiday (LaSalle Co - 0995200)

Inad Source & Treat Plt

Utl Inc Northern Hls Utl Co (Stephenson Co-1775050)

Inadequate Pres Tank

Utl Inc Walk-Up Woods Wtr Co (McHenry Co - 1115800)

Inadequate Pres Tank

Viola (Mercer Co - 1310450)

Adjusted Gross Alpha

Wermes Sbdv (Kane Co - 0895750)

Inadequate Pres Tank

West Salem (Edwards Co - 0470200)

Inadequte Treatment Plant

West Shore Park Sbdv (Lake Co - 0977370)

Inadequate Pres Tank

West Shoreland Sbdv (Lake Co - 0977050)

Inadequate Pres Tank

Westlake Utl (Winnebago Co - 2010070)

Inadequate Source Capacity

Whispering Lakes Wtr Sys Inc (Lake Co - 0970220)

Adjusted Gross Alpha

Wienen Estates (Jo Daviess Co - 0850030)

Inadequate Pres Tank

Winnetka (Cook Co - 0313330)

Inadequate Storage Capacity

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Pres Tank

Environmental Register – January 2003

PUBLIC WATER SUPPLY/COUNTY/FACILITY

Woodland Hts Ests Sbdv (Peoria Co - 1435760)

Inadequate Pres Tank

Woodsmoke Ranch Assn (LaSalle Co - 0990030)

Inadequate Pres Tank

York Cntr Coop (DuPage Co - 0437550)

Inadequate Pres Tank

2nd Street Wtr Assn (Lake Co - 0971140)

Inadequate Pres Tank

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

Farmington (Fulton Co - 0570500)

Princeville (Peoria Co - 1430750)

Environmental Register – January 2003

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

The Critical Review List was developed to give additional notification to officials of public water supplies which

may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois

Environmental Protection Act.

A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the

violations which would place it on the Restricted Status List.

This list is continually being revised as new information becomes available, and therefore, specific inquiries as to

the status of any public water supply should be directed to the Division of Public Water Supplies for final

determination. This list reflects the status as of January 1, 2003.

Indicates public water supplies that have been added to the list since the previous publication.

PUBLIC WATER SUPPLY/COUNTY/FACILITY

Arenzville (Cass Co - 0170050)

Inadequate Pres Tank

Beecher (Will Co - 1970050)

Inadequate Storage Capacity

Bluford (Jefferson Co - 0810100)

Low System Pressure

Browning (Schuyler Co - 1690050)

Inadequate Source

Clayton Camp Point Wtr Cmsn (Adams Co - 0015200)

Inad Pumping Capacity

Clinton (DeWitt Co - 0390050)

Inad Plant Capacity

Columbia (Monroe Co - 1330050)

Inad Pumping Capacity

DePue (Bureau Co - 0110300)

Inad Treatment Plant

Elizabeth (Jo Daviess Co - 0850150)

Low System Pressure

Evansville (Randolph Co - 1570250)

Low System Pressure

Galena (Jo Daviess Co - 0850200)

Low System Pressure

Georgetown (Vermilion Co - 1830350)

Inadequate Water Plant

Highland Hills Sndst (DuPage Co - 0435560)

Inadequate Pres Tank

Joy (Mercer Co - 1310100)

Low System Pressure

Environmental Register – January 2003

Kincaid (Christian Co - 0210250)

LaMoille (Bureau Co - 0110500)

Inadequate Plant Capacity

Mahomet (Champaign Co - 0190450)

Inadequate Plant Capacity

Marion (Williamson Co - 1990550)

Inadequate Source Capacity

Mathersville (Mercer Co - 1310200)

Low System Pressure

McHenry Shores Wtr Cmpny (McHenry Co - 1115020)

Low System Pressure

Mechanicsburg Buffalo Wtr (Sangamon Co - 1675150)

Inadequate Source

Minonk (Woodford Co - 2030400)

Inadequate Source Capacity

Pheasant Knolls Sbdv (Lake Co - 0970290)

Inadequate Pres Tank

Scales Mound (Jo Daviess Co - 0850400)

Low System Pressure

Seneca (LaSalle Co - 0991050)

Inadequate Plant Capacity

South Highway PWD (Jackson Co - 0775400)

Low System Pressure

Stockton (Jo Daviess Co - 0850450)

Low System Pressure

Sumner (Lawrence Co - 1010300)

Low System Pressure

Tower Ridge Sbdv (Rock Island Co - 1615780)

Inadequate Pres Tank

Utl Inc Lake Marian Wtr Corp (Kane Co - 0895200)

Inad Pres Storage

Walnut Hill (Marion Co - 1210600)

Low System Pressure

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Storage

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

Lee (Lee Co - 1034600)

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Environmental Register Comment Card

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

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The Environmental Register is published monthly by the Board, and

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

calendar, and other environmental law information.

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Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704