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

The State of Illinois is currently facing a difficult economic situation. The Board has

always conducted business in the most cost effective manner possible. In these

complex economic times the Board is doing even more with less. During this

economic downturn, the Board is striving to reduce expenses while continuing to

fulfill its public trust.

Currently, the Board is operating well below its authorized headcount. Additionally,

the Board is reviewing its operations budget to determine whether further reductions

can be made without adversely affecting operations.

As Chairman, I am working with Board Members and staff to ensure the service

provided to the citizens of Illinois does not suffer. Board employees are performing additional duties to make sure

that each case in its docket is correctly resolved in a timely manner. The Board is fortunate to have a dedicated,

professional staff working diligently to guarantee that the citizens of Illinois have a healthy and safe environment in

which to live, work, and to raise a family.

I assure you that the Board Members and staff will continue to work diligently to faithfully fulfill the Board’s

statutory mission during this difficult period. The Board looks forward to serving you in the future.

Thomas E. Johnson, Chairman

Environmental Register – February 2003

Inside This Issue:

Federal Update

United States Environmental Protection Agency Announces Availability of Inventory of U.S. Greenhouse

Gas Emissions and Sinks for 1990-2001

On February 7, 2003 (68 Fed. Reg. 6450) the United States Environmental Protection Agency (USEPA) announced

the availability for public review of the Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2001.

Annual U.S. emissions for the period of time from 1990-2001 are summarized and presented by source category and

sector. The inventory contains estimates of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O),

hydrofluorocarbons (HFC), perflourocarbons (PFC), and sulfur hexaflouride (SF6) emissions.

The inventory also includes estimates of carbon sequestration in U.S. forests and, new this year, an updated

assessment of emissions from the electric power industry. USEPA stated that the technical approach used in this

report to estimate emissions and sinks for greenhouse gases is consistent with the methodologies recommended by

the Intergovernmental Panel on Climate Change (IPCC) and reported in a format consistent with the United Nations

Framework Convention on Climate Change (UNFCCC) reporting guidelines. The Inventory of U.S. Greenhouse

Gas Emissions and Sinks is the latest in a series of annual U.S. submissions to the Secretariat of the UNFCCC. The

draft report can be obtained by visiting the USEPA's global warming site at

http://www.epa.gov/globalwarming/publications/emissions/.

Comments should be submitted to Mr. William N. Irving at: Environmental Protection Agency, Clean Air Markets

Division (6204N), 1200 Pennsylvania Ave., NW., Washington, DC 20460, Fax: (202) 565-6673, email address

irving.bill@epa.gov.

For further information contact: Mr. William N. Irving, Environmental Protection Agency, Office of Air and

Radiation, Office of Atmospheric Programs, Clean Air Markets Division, (202) 565-9065, email address

irving.bill@epa.gov.

United States Environmental Protection Agency Adopts Final National Pollutant Discharge Elimination

System Permit Regulations and Effluent Limitation Guidelines and Standards for Concentrated Animal

Feeding Operations Under the Clean Water Act

On February 12, 2003 (68 Fed. Reg.7175) the United States Environmental Protection Agency (USEPA) adopted

final rules for concentrated animal feeding operations (CAFOs). The final rule will ensure that CAFOs take

appropriate actions to manage manure effectively in order to protect the nation's water quality. These final

regulations are effective on April 14, 2003.

USEPA stated that, despite substantial improvements in the nation's water quality since the inception of the Clean

Water Act, nearly 40 percent of the nation's assessed waters show impairments from a wide range of sources.

Improper management of manure from CAFOs is among the many contributors to remaining water quality

Environmental Register – February 2003

problems. Improperly managed manure has caused serious acute and chronic water quality problems throughout the

The rule revises two sections of the Code of Federal Regulations (CFR), the National Pollutant Discharge

Elimination System (NPDES) permitting requirements for CAFOs (Sec. 122) and the Effluent Limitations

Guidelines and Standards (ELGs) for CAFOs (Sec. 412). The rule establishes a mandatory duty for CAFOs to

apply for an NPDES permit and to develop and implement a nutrient management plan. The effluent guidelines

establish performance expectations for existing and new sources to ensure appropriate storage of manure, as well as

expectations for proper land application practices at the CAFO. The required nutrient management plan would

identify the site-specific actions to be taken by the CAFO to ensure proper and effective manure and wastewater

management, including compliance with the Effluent Limitation Guidelines. Both sections of the rule also contain

new regulatory requirements for dry-litter chicken operations.

Highlights of the new rules include:

Elimination of the CAFO exemptions for discharges, so that all CAFOs that meet new size criteria (large or

medium) are required to obtain NPDES permits. (The prior “25 year/24 hour Stormwater Exception” no

longer applies.)

Effluent Guideline Limitations for existing large beef/dairy/swine/veal/calf/poultry facilities and new

beef/dairy CAFOs contain production area best management practices and design requirements that result

in zero discharges to waters except in the event of a 25 year/24 hour storm. This is estimated in Illinois to

be at least 6 ½ inches of rainfall in a 24- hour period. New large swine/veal/calf/poultry CAFOs have

different design requirements with a zero discharge allowance.

Inclusion of all poultry operations that meet the size criteria regardless of the facility’s manure handling

Elimination of the concept of “Animal Units” from the regulations.

Specification of manure-handling requirements for permitted managements areas that include feedlots,

manure and raw materials storage areas, waste containment areas, and land application areas. The

“agriculture or ag exemption” under the Clean Water Act does not apply in cases of over application of

Requirements for record keeping and reporting, including nutrient management plans, manure transfer

procedures, and annual reports to the USEPA detailing facility information.

Adoption of phosphorous-based land application rates for animal wastes.

While the federal regulations specify certain portions of the new NPDES permit program, USEPA allows individual

states some flexibility in their own regulations. Two areas that allow for state flexibility are nutrient management

standards and the determination of “no potential to discharge” (NPTD). States must develop standards that will be

used to demonstrate that a facility has no potential to discharge wastes. A CAFO with no NPTD will not need to

obtain an NPDES permit.

While the permit requirements are effective on April 14, 2003, states have at least one year to adopt their standards

and issue permits to CAFOs.

This improved regulatory program is designed to support and complement the array of voluntary and other

programs implemented by the United States Department of Agriculture (USDA), USEPA and the States that help

the vast majority of smaller animal feeding operations not addressed by this rule.

The administrative record is available for inspection and copying at the Water Docket, located at the EPA Docket

Center (EPA/DC) in the basement of the EPA West Building, Room B-102, at 1301 Constitution Ave., NW.,

Washington, DC. The administrative record is also available via EPA Dockets (Edocket) at

http://www.epa.gov/edocket under Edocket number OW-2002-0025. The rule and key supporting materials are also

electronically available on the Internet at http://www.epa.gov/npdes/caforule.

For further information pertaining to the NPDES Regulations (Part 122) contact Gregory Beatty, U.S. EPA, Office

of Water, Office of Wastewater Management (4203M), 1200 Pennsylvania Avenue NW., Washington, DC 20460,

202-564-0724, for information pertaining to the Effluent Guideline (Part 412) contact Paul Shriner, U.S. EPA,

Environmental Register – February 2003

Office of Water, Office of Science and Technology (4303T), 1200 Pennsylvania Avenue NW., Washington, DC

20460, 202-566-1076.

The Board’s current agriculture-related pollution rules are codified at 35 Ill. Adm. Code 500

general water pollution control rules are codified at 35 Ill. Adm. Code 300

Both sets of current rules may be

affected by the federal CAFO rules. The Board anticipates that portions of the federal program may be proposed to

the Board by the Illinois Environmental Protection Agency (IEPA) as federally required rules under Section 28.2 of

the Act (415 ILCS 5/28.2(2002)). Additionally, the IEPA may propose portions of the federal program under the

general rulemaking authority of the Act (415 ILCS 5/27 & 28(2002)).

Appellate Update

Fourth District Grants Board’s Motion to Publish Court’s Decision Illinois Environmental Protection

Agency v. Jersey Sanitation Corp., No. 4-02-0319 (Jan. 29, 2003) (PCB 00-82).

On February 28, 2003, the Fourth District Appellate Court granted the Board’s motion to publish as an Opinion the

Court’s January 29, 2003 Supreme Court Rule 23 unpublished Order (155 Ill.2d R. 23). The Court’s Order was

thereby withdrawn and refiled as an Opinion. This means that the Court’s determination may now be used as

helpful precedent in other cases. Illinois Environmental Protection Agency v. Jersey Sanitation Corp., No. 4-02-

0319 (Jan. 29, 2003)

As reported in detail in the Board’s last

Environmental Register

n its January 29, 2003 decision the Fourth District

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

permit. See Jersey Sanitation Corp. v. IEPA, PCB 00-82 (June 21, 2002). This decision 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

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. For

additional detail, see

Environmental Register

#583 (Jan. 2003), p. 4-6.

Rule Update

Board Adopts Final Opinion and Order in Proposed Amendments to General Permitting Provisions For

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

On February 6, 2003, the Board adopted a final opinion and order in Proposed Amendments to General Permitting

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

amends the State’s Part 201 general air permitting provisions. The new rules exempt owners and operators of

certain smaller emissions units from requirements that they obtain new construction and “lifetime” permits when

their units are moved to a new site. The adopted amendments will become effective when filed with the Secretary

of State’s Index Department, and will then be published in the

Illinois Register

In brief, the Illinois Environmental Protection Agency (IEPA) proposed the rules to create the exemption to cover

about 500 emission units, including equipment such as rock crushers, concrete batch plants, debris grinders,

portable generators, and certain solvent recovery or tank cleaning operations. Under these rules, IEPA may issue a

single permit authorizing emission from similar operations by the same source owner or operator at multiple

temporary locations, except for sources that are affected sources for acid deposition under Title IV of the federal

Clean Air Act. (see 415 ILCS 39.5(21)(a)).

Environmental Register – February 2003

To obtain this exception, the equipment owner or operator must meet specific eligibility conditions in Section

201.170: (1) emissions from the emission unit or units are expected to occur for less than one year at any one site,

(2) the emission unit or units of air pollution is subject to the requirements of Section 201.169 (which contains

conditions for special permits), (3) the emission unit or group of emission units that will be changing sites is

permitted to emit less than 25 tons per year of any combination of regulated air pollutants, (4) the emission unit or

units is mounted on a chassis or skids and is designed to be moveable, and (5) the emission unit or units is not used

as a thermal desorption system or as an incinerator system. Additionally, the owner or operator must notify IEPA

by certified mail, at least three days prior to moving a unit to a new location.

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

second hearing was held in Chicago on April 9, 2002. No public comments were received following its Illinois

Register publication at 26 Ill. Reg. 12537 (August 16, 2002).

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

Board Dismisses 4 Identical in Substance Rulemaking Dockets As Unnecessary:

UST Update, USEPA Regulations (July 1, 2002 through December 31, 2002), R03-12; Exemptions from the

Definition of VOM Update, USEPA Regulations (July 1, 2002 through December 31, 2002), R03-14; UIC

Update, USEPA Regulations (July 1, 2002 through December 31, 2002), R03-16; RCRA Subtitle D Update,

USEPA Regulations (July 1, 2002 through December 31, 2002), R03-17

Every six months, the Board reserves a series of dockets for adoption of Board rules, to any rules adopted by the

United States Environmental Protection Agency to implement various programs. On February 6, 2003, the Board

dismissed as unnecessary four dockets reserved to consider any rules adopted by USEPA during the period July 1,

2002 through December 31, 2002. As described in detail below, in each of four program areas either USEPA

adopted no rules during the update period, or the Board was not required to amend the Illinois regulations.

UST Program (R03-12)

. Section 22.4(d) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(d) (2002))

requires the Board to adopt regulations which are “identical in substance,” as defined at Section 7.2 of the Act (415

ILCS 5/7.2 (2000)), to underground storage tank (UST) regulations promulgated by the USEPA pursuant to Section

9003 of the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. § 6993

(2001), to implement Subtitle I of RCRA (42 U.S.C. §§ 6991

. (2001)), with certain limitations. USEPA has

codified its UST regulations at 40 C.F.R. 281 through 283.

During the period July 1, 2002 through December 31, 2002, the USEPA did not amend its UST regulations.

Therefore, no action was necessary, and the Board dismissed the docket.

VOM Program (R03-14)

. Section 9.1(e) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(e) (2002))

requires the Board to adopt regulations that are “identical in substance,” as defined at Section 7.2 of the Act (415

ILCS 5/7.2 (2001)), to exemptions from the definition of “volatile organic material” (VOM), those compounds that

the United States Environmental Protection Agency (USEPA) has found to be exempted from regulation under state

implementation plans for ozone due to negligible photochemical reactivity. USEPA has codified these exemptions

as part of its definitions at 40 C.F.R. 51.100(s).

During the period July 1, 2002 through December 31, 2002, USEPA did not amend its definition of VOM.

Therefore, no action is necessary, and the Board dismissed the docket.

UIC Program (R03-16)

. Section 13(c) of the Environmental Protection Act (Act) (415 ILCS 5/13(c) (2002))

requires the Board to adopt regulations that are “identical in substance” to regulations of the United States

Environmental Protection Agency (USEPA). 415 ILCS 5/7.2 (2002). Specifically, Section 13(c) relates to

underground injection control (UIC) regulations that USEPA adopted to implement provisions of the Safe Drinking

Water Act (42 U.S.C. § 300h

. (2001)). USEPA has codified its UIC regulations at 40 C.F.R. 144 through

Environmental Register – February 2003

During the time period July 1, 2002 through December 31, 2002, USEPA did not amend its UIC regulations.

Therefore, no action is necessary, and the Board dismissed this docket.

RCRA, Subtitle D (Non-hazardous Waste Program (R03-17)

. Section 22.40(a) of the Environmental Protection

Act (Act) (415 ILCS 5/22.40(a) (2002)) requires the Board to adopt regulations that are “identical in substance,” as

defined at Section 7.2 of the Act (415 ILCS 5/7.2 (2002)), to municipal solid waste landfill (MSWLF) regulations

that USEPA adopted to implement Subtitle D of the Resource Conservation and Recovery Act of 1976 (42 U.S.C

§§ 6941-6949 (2001)). USEPA has codified the federal MSWLF rules as 40 C.F.R. 258.

During the period July 1, 2002 through December 31, 2002, USEPA did not amend its MSWLF rules. Therefore,

no action was necessary, and the Board dismissed the docket.

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

mccambm@ipcb.state.il.us.

Board Adopts Final Opinion and Order in Proposed Horween Leather Company Site-Specific Air Rule, 35

Ill. Adm. Code 218.112 and 218.929, R02-20

On February 20, 2003, the Board adopted a final opinion and order in adopting a site-specific air rule Proposed

Horween Leather Company Site-Specific Air Rule, 35 Ill. Adm.Code 218.112 and 218.929, R02-20. The adopted

amendments will become effective when filed with the Secretary of State’s Index Department, and will then be

published in the

Illinois Register

The new air emissions rule was proposed by the Horween Leather Company (Horween) of Chicago, Illinois to

allow it to lawfully produce a small amount of new specialty leathers at its facility at 2015 North Elston Avenue in

Chicago. The rule sets new volatile organic material (VOM) control requirements solely for the Horween operation.

The adopted rulemaking amends 35 Ill. Adm. Code 218, “Organic Material Emission Standards and Limitations for

the Chicago Area” by adding a new Section 218. 929 and amending Section 218.112. The new Section 218.929

limits Horween’s VOM emissions to 24 lbs. VOM per 1000 square feet for waterproof leather (12 month rolling

average) and 14 lbs. for non-waterproof leather with an annual cap of the total emissions at 20 tons. Other changes

include the addition of definitions for the specialty leathers covered by this rulemaking, standard operating and

maintenance procedures, and reporting and record keeping requirements.

The Board held a hearing on this proposal June 26, 2002. No public comments were received following its Illinois

Register publication at 26 Ill. Reg. 13772 (September 20, 2002).

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

Board Adopts Proposal for Public Comment in Proposed New and Updated Rules for Measurement and

Numerical Sound Emissions Standards; Amendments to 35 Ill. Adm. Code 901 and 910, (R03-09)

On February 20, 2003, the Board adopted a proposal for public comment in Proposed New and Updated Rules for

Measurement and Numerical Sound Emissions Standards; Amendments to 35 Ill. Adm. Code 901 and 910, (R03-

09). The Board intends to schedule two public hearings on the proposal soon.

The Board itself opened this rulemaking to propose updated regulations governing noise found in 35 Ill. Adm. Code

Subtitle H. Many of the sound measurement definitions and techniques in the Board’s current rules do not reflect

present scientific standards. The Board intends to update the definitions and sound measurement techniques to

reflect current standards.

More specifically, the proposal revises outdated numerical sound emission standards for property line noise sources

found at 35 Ill. Adm. Code Parts 901. In Part 901, the Board proposes to replace the references to the Standard

Land Use Coding System (SLUCM) codes with the more appropriate Land-Use Based Classification System. In

Environmental Register – February 2003

addition, the proposal adds new Part 910 to the Board’s rules to incorporate noise measurement techniques currently

contained only in Illinois Environmental Protection Agency (IEPA) rules at 35 Ill. Adm. Code 951.

This rulemaking is closely associated with recently opened docket Noise Rule Update Amendments to 35 Ill. Adm.

Code 900 and 903, (R03-8) that defines acoustical terms, pollution sources and sound measurement procedures.

R03-8 is also based on updated science, including pertinent American National Standards Institute updates from

1998-2001, and other current scientific publications. See Noise Rule Update Amendments to 35 Ill. Adm. Code 900

and 903, R03-08 (Dec. 19, 2002).

For more information contact William Murphy at 312/ 814-6062 or email at murphyw@ipcb.state.il.us.

Board Accepts Proposal for Hearing in Brownfields Site Restoration Program; Amendments to 35 Ill. Adm.

Code 740, (R03-20)

On February 20, 2003, the Board accepted a proposal for hearing filed by the Illinois Environmental Protection

Agency (IEPA) in Brownfields Site Restoration Program; Amendments to 35 Ill. Adm. Code 740, (R03-20).

The IEPA’s proposal, filed with the Board on February 18, 2003, implements changes to the Board’s existing Site

Remediation Program (SRP) regulations based on recent legislative changes. See 415 ILCS 5/58.15 as amended by

Public Act 92-715, effective July 23, 2002. The IEPA’s petition notes that the legislation is very detailed, and that

most of its proposed changes mirror the statute.

The rulemaking proposes a new Subpart H to establish procedures for persons to request a review and payment of

costs incurred under the Brownfields Site Restoration Program. This program will be administered jointly by IEPA

and the Department of Commerce and Community Affairs, now known as the Department of Commerce and

Economic Opportunity.

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 Springfield on April 30, 2003 in Room 403,

600 S. Second Street, and in Chicago on May 14, 2003 in the James R. Thompson Center Room 2-025, 100 W.

Randolph Street.

Public Act 92-715 required IEPA to file its proposal by February 23, 2002. The Board must adopt rules for second

notice within 9 months after receipt of the proposal. The Board intends to adopt its second notice opinion and order

no later than November 6, 2003.

For more information contact Amy Antoniolli at 312/ 814-3665 or email at antonioa@ipcb.state.il.us.

Board Actions

February 6, 2003

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

In the Matter of: Amendments to 35 Ill. Adm. Code 501 through 504 :

Agriculture Related Pollution (Management of Livestock Waste) – On its own

motion, the Board dismissed this docket to amend the Board’s livestock waste

Environmental Register – February 2003

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

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

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

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

December 31, 2002) – The Board dismissed this reserved identical-in-substance

docket because the United States Environmental Protection Agency did not

amend its exemptions from the definition of underground storage tank

regulations during the update 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 dismissed this reserved identical-

in-substance docket because the United States Environmental Protection Agency

did not amend its exemptions from the definition of volatile organic material

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

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

The Board dismissed this reserved identical-in-substance docket because the

United States Environmental Protection Agency did not amend its underground

injection control regulations during the update 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 dismissed

this reserved identical-in-substance docket because the United States

Environmental Protection Agency did not amend its non-hazardous waste

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

Adjusted Standards

In the Matter of: Petition of Exelon Generation Company for and Adjusted

Standard from 35 Ill. Adm. Code 302.208 – The Board ordered this Will County

petitioner to file an amended petition curing noted deficiencies by May 7, 2003

or this action will be dismissed.

Administrative Citations

IEPA v. James Qualls – The Board found that this Clay County respondent

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

(2002) and ordered respondent to pay a civil penalty of $4,500.

IEPA v. Paul Rider – The Board accepted for hearing this petition for review of

an administrative citation against this McLean County respondent.

Environmental Register – February 2003

ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – The Board dismissed the

petition for hearing as moot, based on events occurring following remand of this

case to the Board by the Appellate Court.

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

that respondent violated Section 24 of the Illinois Environmental Protection Act

(415 ILCS 5/24 (1996)) and 35 Ill. Adm. Code 900.102. In its final order, the

Board ordered respondent to take certain remedial actions to alleviate the noise

emissions reaching complainants’ residence.

People of the State of Illinois v. J&F Hauling, Inc. – The Board previously found

respondent in violation of Sections 21(a), (d)(1) and (2), (e), and (p)(1), and

55(a) of the Environmental Protection Act (415 ILCS 5/21(a),(d)(1) and

(2),(e),(p)(1) and 55(a) (2000)) and 35 Ill. Adm. Code 722.111, 808.121, and

812.101(a). In this interim order, the Board concluded that respondent must pay

a civil penalty of $60,000 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 any claimed costs and attorney fees by February 20,

2003, and respondent has 14 days after being served with the affidavit to respond

to the complainant’s claimed costs and attorney fees.

Motions and Other Matters

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

Fertilizer, Caryle Michel, Ronnie Todd, and Ronnie Todd Land Trust – The

Board granted complainant’s motion to strike respondent Todd’s affirmative

defenses. The Board granted in part complainant’s motion to strike respondents’

Michel Grain and Michel’s affirmative defenses.

People of the State of Illinois v. Mano Negra Wrecking Corporation f/k/a Mano

Negra Corporation and Fernando O. Zamora individually and as president of

Mano Negra Wrecking 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.

Pacella & Sons v. IEPA – The Board granted petitioner’s motion for voluntary

dismissal of these underground storage tank appeals involving a Jersey County

East Side Shell v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Fulton County facility.

Environmental Register – February 2003

Leslie C. Ko 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 Williamson County facility.

Pechiney Plastic Packaging, Inc. v. IEPA – The Board accepted for hearing this

permit appeal involving a Kane County facility.

Midwest Petroleum Co. d/b/a Godfrey Sunoco v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a Madison County

V.W. Bowman Oil Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Union County facility.

Brock Oil Company (Normal) v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a McLean County facility.

Brock Oil Company (Hoopeston) v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Vermilion County facility.

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

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

appeal was filed on behalf of this Clark County facility.

PPG Industries, Inc. v. IEPA – The Board granted petitioner’s motion to stay

effectiveness of this appealed CAAPP permit.

Abitec Corporation v. IEPA – The Board denied petitioner’s motion to stay

effectiveness of this appealed 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 found that the alleged violations of Sections 23

through 25 of the Environmental Protection Act (Act) (415 ILCS 5/23-25

(2002)) as well as Section 900.102 (35 Ill. Adm. Code 900.102) and Section

901.104 (35 Ill. Adm. Code 901.104) of the Board’s noise rules were neither

duplicative nor frivolous with regard to Clayton Moushon and Carri Scharf

Trucking and Materials. The Board accepted those allegations involving a

Tazewell County facility for hearing. The Board found that complainants’

complaint failed to state a cause of action against the City of East Peoria, Mayor

Chuck Dobbelaire, and the City Administrator James Thomas Brimberry, and

dismissed them from this action. The alleged violations of Sections 23 through

25 of the Act (415 ILCS 5/23-25 (2002)) were determined to be frivolous, and

the Board dismissed them from the complaint involving a Peoria County facility.

Environmental Register – February 2003

Nielsen & Bainbridge, L.L.C. v. IEPA – 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.

People of the State of Illinois v. Village of Keensburg and David Dallas d/b/a

Dallas Consulting , Engineering-Surveying – 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 Wabash

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

Fred Sierzega 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

Talcott Building Partnership v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility. No action

taken on respondent’s motion for extension of time to file the administrative

New Dominion Farms of Illinois, Inc. v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of New Dominion Farms of Illinois, Inc. located

in Schuyler County are pollution control facilities for the purpose of preferential

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

F2, 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 Williamson County

Clark Oil Station #1655 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

Vermilion County facility.

Village of Karnak 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

Pulaski County facility.

William Breuer 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 Washington

County facility.

Environmental Register – February 2003

February 20, 2003

Chicago, Illinois

Rulemakings

In the Matter of: Proposed Horween Leather Company Site-Specific Air Rule,

35 Ill. Adm. Code 218.112 and 218.929 – The Board adopted a final opinion and

order in this matter to amend the Board’s air regulations, as requested by this

Chicago, Cook County facility.

In the Matter of: Noise Rule Update: Amendments to 35 Ill. Adm. Code 901 –

The Board adopted an opinion and order proposing for hearing and public

comment amendments to the Board’s noise regulations.

In the Matter of: Brownfields Site Restoration Program, Amendments to 35 Ill.

Adm. Code 740 – The Board accepted for hearing the Illinois Environmental

Protection Agency’s February 18, 2003 proposal to amend the Board’s site

remediation program regulations as required by recent legislation.

People of the State of Illinois v. Williamsburg Place of Crete, Inc. – In this water

enforcement action concerning a Will 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

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

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

Board previously found that respondents violated Section 24 of the Illinois

Environmental Protection Act (415 ILCS 5/24 (2002)) and 35 Ill. Adm. Code

900.102. The Board ordered the respondents to cease and desist from further

Landfill 33, Ltd. v. Effingham County Board and Sutter Sanitation Services;

Stock & Company, L.L.C. v. Effingham County Board and Sutter Sanitation

Services – The Board affirmed the September 19, 2002 decision of the

Effingham County Board granting approval for siting of a solid waste transfer

station in unincorporated Effingham County by Sutter Sanitation Services.

Environmental Register – February 2003

Motions and Other Matters

Midwest Illinois Auto Truck Plaza v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this underground storage tank appeal involving

a Bond County facility.

Gina Pattermann, Lisa Collins, and Deen Collins v. Boughton Trucking and

Materials, Inc. – The Board granted respondent’s motion to dismiss complainants

Lisa and Deen Collins from this matter.

Midwest Illinois Restaurant & Truck Plaza, Inc. v. IEPA – The Board granted

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

appeal involving a Bond County facility.

People of the State of Illinois v. Fox Valley Dry Wall, Inc. – The Board entered

an interim opinion and order granting complainant’s motions to deem facts

admitted and for summary judgment. The Board found respondent in violation

of Sections 57.6 and 57.7(b) of the Environmental Protection Act (Act) (415

ILCS 5/57.6, 57.7(b) (2002)), and Sections 732.300(a), 732.100(c), 7and

32.307(b) of the Board regulations (35 Ill. Adm. Code 732.300(a), 732.100(c),

732.307(b)). The Board directed this matter to hearing as expeditiously as

practicable on the specific issues of the appropriate penalty amount, costs, and

People of the State of Illinois v. Draw Drape Cleaners, Inc. – The Board granted

complainant’s motion to strike respondent’s affirmative defenses.

Freedom Oil Company v. IEPA – The Board granted petitioner’s motion to

consolidate these underground storage tank appeals involving an Edgar County

Knox College v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Knox County facility.

Maryville Voice Newspaper Company v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Madison County facility.

Cunningham Service 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 Edwards County facility.

Environmental Register – February 2003

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

underground storage tank appeal involving a Cass County facility.

Wabash Valley Service v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Gallatin County facility.

Abitec Corporation v. IEPA – The Board granted the parties’ joint motion to stay

permit conditions 5.10 and 7.1.13 of petitioner’s Clean Air Act Permit Program

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

The Board granted respondent’s motions for extension of time to file the record

and to expedite discovery. The Village of Elgin’s motion to intervene in this

matter was denied, but the Village was granted leave to file an amicus curiae

Village of South Elgin v. Waste Management of Illinois, Inc. – The Board denied

complainant’s motion to consolidate this proceeding with PCB 03-104, because

the two actions involve different burdens of proof. No duplicative/frivolous

determination was made, as respondent filed a motion to dismiss on February 19,

People of the State of Illinois v. Bi-State Tire, Inc. – The Board accepted for

hearing this land enforcement action involving a Rock Island County facility.

Dalee 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

Washington County facility.

Dalee 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

Washington County facility.

Ronald Ochs (Newton) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and certified that

specified facilities of Ronald Ochs located in Jasper 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 – February 2003

Freedom 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

Sangamon County facility.

Chronister Oil Company d/b/a Qik-N-Ez 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.

Apex Pork v. IEPA – Upon receipt of the Illinois Environmental Protection

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

of Apex Pork located in Knox County are pollution control facilities for the

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

200/11-10 (2002)).

February 6, 2003 Board Meeting

People of the State of Illinois v. Village of Keensburg and David Dallas d/b/a Dallas Consulting ,

Engineering-Surveying – 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 Wabash County facility, the

Board ordered publication of the required newspaper notice.

Fred Sierzega 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.

Talcott Building Partnership v. IEPA – The Board accepted for hearing this underground storage tank

appeal involving a Cook County facility. No action taken on respondent’s motion for extension of time to file the

administrative record.

New Dominion Farms of Illinois, Inc. v. IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities of New Dominion Farms of

Illinois, Inc. located in Schuyler County are pollution control facilities for the purpose of preferential tax treatment

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

F2, 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 Williamson County facility.

Clark Oil Station #1655 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 Vermilion County facility.

Village of Karnak 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 Pulaski County facility.

David B. Haworth v. Coresaw Log & Lumber, Inc. – The Board held for a later duplicative/frivolous

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

William Breuer 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 Washington County facility.

Environmental Register – February 2003

IEPA v. Manzell Lawson, Sr. – The Board accepted an administrative citation against this Peoria

County respondent.

February 20, 2003 Board Meeting

People of the State of Illinois v. Bi-State Tire, Inc. – The Board accepted for hearing this land enforcement

action involving a Rock Island County facility.

Dalee 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 Washington County facility.

Dalee 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 Washington County facility.

Ronald Ochs (Newton) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Ronald Ochs located in Jasper County are

pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

Freedom 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 Sangamon County facility.

Chronister Oil Company d/b/a Qik-N-Ez 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.

Apex Pork v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Apex Pork located in Knox County are pollution control

facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).

Consumers Illinois Water Company (Vermilion County) v. IEPA – No action taken, pending receipt of a

petition for review of the Illinois Environmental Protection Agency recommendation denying the requested tax

In the Matter of: Brownfields Site Restoration Program, Amendments to 35 Ill. Adm. Code 740 – The

Board accepted for hearing the Illinois Environmental Protection Agency’s February 18, 2003 proposal to amend

the Board’s site remediation program regulations as required by recent legislation.

In the Matter of: Petition of Metropolitan Water Reclamation District of Greater Chicago for an

Adjusted Standard from 35 Ill. Adm. Code 811, 812, and 817, and Modification of AS 95-4 (Sludge Application) –

Pending receipt of the certificate of publication, the Board held this Cook County facility’s petition for an adjusted

standard from the Board’s waste disposal 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

Rantoul Township High School District No.

Conference Room 403

600 South Second Street

Environmental Register – February 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

City of Chicago Department of Environment

City Wide Disposal Inc.,

James R. Thompson Center

Hearing 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

In the Matter of: 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

In the Matter of: 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

In the Matter of: Site Specific Rule for City

of Effingham Treatment Plant Fluoride

Discharge, 35 Ill.

Adm. Code 304.233.

201 East Jefferson,

City Hall Council Chambers

ILLINOIS POLLUTION

CONTROL BOARD MEETING

James R. Thompson Center

Conference Room 9-031

100 West Randolph Street

Environmental Register – February 2003

In the Matter of: Brownfields Site

Restoration Program; Amendments

to 35 Ill. Adm. Code 740

Illinois Pollution Control Board

600 S. Second St., Suite 402

In the Matter of: Brownfields Site

Restoration Program; Amendments

to 35 ILL Adm. Code 740

Illinois Pollution Control Board

600 S. Second St., Suite 402

ILLINOIS POLLUTION

CONTROL BOARD MEETING

Hearing Room 403

600 South Second St.

Springfield

In the Matter of: Noise Rule Update:

Amendments to 35 Ill.

Illinois Pollution Control Board

600 South Second Street, Suite

In the Matter of: Brownfields Site

Restoration Program; Amendments

to 35 Ill. Adm. Code 740

James R. Thompson Center

100 W. Randolph St., Room 2-

In the Matter of: Noise Rule Update:

Amendments to 35 Ill.

James R. Thompson Center

100 West Randolph, Room 9-

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

ILLINOIS POLLUTION

CONTROL BOARD MEETING

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

ILLINOIS POLLUTION

CONTROL BOARD MEETING

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

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

Environmental Register Comment Card

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

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The Environmental Register is published monthly by the Board, and

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

calendar, and other environmental law information.

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

Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704