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 Board has faced many changes during my tenure as Chairman. Regrettably, the most recent of these changes is

the death of long-time Board Member and supporter Samuel T. Lawton.

Mr. Lawton was an original member of the Board, serving from 1970 to 1973,

and was Chairman from 1972 to 1973. He also served on the Board from 2000

to 2002. For over a year I was lucky enough to serve with Mr. Lawton,

someone I consider to be one of Illinois’ leading environmental lawyers.

During that time, I was always impressed with the enthusiasm and dedication

he brought to the job, as well as his innate intelligence, good humor and

Mr. Lawton had a long and distinguished legal career. He earned an AB from

Dartmouth College and a JD from Harvard Law School. Prior to graduating

from Harvard, Mr. Lawton enlisted in the Army. He served our country in

World War II participating in several combat operations in the Pacific theater,

eventually becoming a field artillery battalion commander, while earning two

combat medals including a bronze star. Upon completion of his military

service, he finished his law degree and started private practice. In 1960, he

became a partner in Altheimer, Gray, Naiburg, Strasburger & Lawton, where

he pursued environmental law.

Former Board Member

Samuel T. Lawton

Throughout his career, Mr. Lawton showed a strong desire to serve the public.

He was an Arbitrator with the American Arbitration Association’s National

Commercial and Labor Panels, a Chairman of the Chicago Bar Association’s Committee on Local Government, a

member of the Illinois Bar Association’s Environmental Law Council, and the Mayor of Highland Park. He was a

special Assistant Attorney General for the State of Illinois representing the Departments of Transportation and

Conservation, and was associated with John Marshall Law School from 1955 until the time of his death.

Mr. Lawton will be missed. He has been both a valuable member and friend of the Board for over thirty years. The

Board recognizes his contributions both as Chairman and Board Member during this time. Mr. Lawton will long be

remembered as a pioneer of environmental law in Illinois. We are indebted to him, and will honor his memory in

the most appropriate way we can – by continuing to timely and faithfully serve the citizens of the State of Illinois.

Were Mr. Lawton here today, I am sure he would approve.

Thomas E. Johnson, Chairman

Environmental Register – June 2003

Inside This Issue:

IEPA RESTRICTED STATUS LIST

IEPA CRITICAL REVIEW LIST

Federal Update

United States Environmental Protection Agency Adopts Direct Final Regulations Amending the

Classification of Solid Waste Disposal Facilities and Practices and Criteria for Municipal Solid Waste

Landfills for the Disposal of Residential Lead-Based Paint Waste Under the Resource Conservation and

Recovery Act

On June 18, 2003 (68 Fed Reg 36487), the United States Environmental Protection Agency adopted direct final

regulations to allow construction and demolition landfills to accept residential lead-based waste without changing

the status of the construction and demolition landfill under Subtitle D of the Resource Conservation and Recovery

Act. USEPA stated that its action would help accelerate the pace of lead-based paint removal from residences, and

thereby reduce exposure to children and adults from the health risks associated with lead.

In this rulemaking, USEPA changed its definition of “municipal solid waste landfill unit” in both the Criteria for

Classification of Solid Waste Disposal Facilities and Practices and the Criteria for Municipal Solid Waste Landfills.

In addition, USEPA promulgated two new definitions for “construction and demolition (C&D) landfill” and

“residential lead-based paint waste.” This final rule will expressly allow residential lead-based paint waste that is

exempted from the hazardous waste management requirements (as household waste) to be disposed of in

construction and demolition landfills; the rule states that a construction and demolition landfill accepting residential

lead-based paint waste, and no other household waste, is not a municipal solid waste landfill unit. This action

would not prevent a municipal solid waste landfill unit from continuing to receive residential lead-based paint

The final rule was effective on June 18, 2003.

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

For information on specific aspects of this rule, contact Paul Cassidy, Municipal and Industrial Solid Waste

Division, Office of Solid Waste (mail code 5306W), U.S. Environmental Protection Agency (EPA, HQ), 1200

Pennsylvania Avenue, NW, Washington, DC 20460; (703) 308-7281, e-mail at cassidy.paul@epa.gov.

The Board will include any necessary amendments to Board nonhazardous waste landfill rules resulting from this

federal action in a future RCRA, Subtitle D identical in substance rulemaking pursuant to Sections 7.2 and 22.4 of

the Environmental Protection Act (415 ILCS 5/7.2, 22.4 (2002)).

United States Department of Justice Publishes Notice of Proposed Consent Decree Under the Clean Water

On June 19, 2003 (68 Fed. Reg. 36839), the United States Department Of Justice published a notice that, under 28

CFR 50.7, a proposed Consent Decree was lodged with the United States District Court for the Central District of

Illinois in United States v. City of Rock Island, Illinois et al., Civil Action No. 00 C 4076.

Environmental Register – June 2003

The complaint in this action asserts claims against the City of Rock Island (City) for injunctive relief and civil

penalties for violations of the Clean Water Act, 33 U.S.C. 1251 et seq., and of the City’s National Pollutant

Discharge Elimination System Permit (NPDES) as a result of discharges of pollutants into surface waters from the

City's publicly owned treatment works (POTW). The State of Illinois was also named as a defendant, pursuant to

Section 309(e) of the Act, 33 USC 1319(e).

The proposed Consent Decree requires the City to comply with effluent limitations and all other requirements of the

City's NPDES permit. In addition, the Consent Decree requires the City to develop and implement a Long Term

Control Plan for insuring that combined sewer overflows (CSO's) from the POTW comply with the requirements of

Rock Island's NPDES permit, the Clean Water Act, and the objectives of USEPA's April 19, 1994 CSO Policy.

Pursuant to the Long Term Control Plan, the City must complete specified studies and assessments; evaluate

alternatives for eliminating, treating or reducing CSO discharges; and implement discharge control measures

approved by the United States Environmental Protection Agency. Under the proposed Consent Decree the City

must also pay a civil penalty of $64,800 and expend at least $60,550 to implement a Supplement Environmental

Project (SEP) that will mitigate adverse effects of stormwater run-off on surface water bodies, and improve habitat

conditions in the area where the SEP is performed.

The Department of Justice will receive comments relating to the proposed Consent Decree for 30 days after the date

of publication, until July 19, 2003. Comments should be addressed to the Assistant Attorney General, Environment

and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and

should refer to United States v. City of Rock Island, et al., D.J. Ref. 90-5-1-1-06489. The proposed Consent Decree

may be examined at the Office of the United States Attorney, Star Cres Building, Third Floor, 11830 Second

Avenue, Rock Island, Illinois 61201, and at U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604.

During the public comment period, the proposed Consent Decree may also be examined on the following

Department of Justice web site: www.usdoj.gov/enrd/open.html.

Appellate Update

Fourth District Affirms Board In Lesslie Yokum et al. v. Illinois Environmental Protection Agency and

Illinois Pollution Control Board, No. 4-02-0749 (June 2, 2003) (PCB 01-29 and PCB 01-30 (cons.))

In its June 20, 2003 17-page unpublished order under Supreme Court Rule 23 (155 Ill.2d R. 23), in Lesslie Yokum

et al. v. Illinois Environmental Protection Agency and Illinois Pollution Control Board, No. 4-02-0749, the

Appellate Court for the Fourth District affirmed the Board’s August 8, 2002 decision in two consolidated

administrative citations (AC). Over one dissent, the court majority affirmed the Board’s interpretations of the

prohibitions for open dumping resulting in litter and the deposition of construction or demolition debris of Sections

21(p)(1) and (p)(7) Environmental Protection Act (Act).

415 ILCS 5/21 (p) (1, 7) (2002). More specifically,

the court agreed with the Board’s ruling concerning the meaning under the Act of the terms “waste”, “open

dumping”, “storage”, and “disposal.”

The Board’s Decision. In March 2001, the Illinois Environmental Protection Agency (IEPA) filed two ACs with the

Board under Section 31.1 of the Act.

415 ILCS 5/31.1 (2002). The ACs in consolidated dockets AC 01-29 and

AC 01-30 concern two parcels of land owned by the Yokums near the unincorporated town of Birmingham in

Schuyler County. Strewn about the sites were over 100 vehicles (many with no tires or flat tires), metal objects,

pipes, tanks, and weathered dimensional lumber, among other things. The record demonstrated that the materials

had been there a long time and were not stored in a manner to maintain them.

In its June 6, 2002 interim opinion and order, over the dissent of two Members, the Board found the Yocums

violated the Act as the IEPA alleged. The Board found that the piled debris on both Yokum properties, as

demonstrated in the record and the IEPA inspector’s photographs, was “unsightly and . . .disposed of improperly”.

(6/6/02 slip op. at 7). Despite the Yokums’ arguments that the items on the property were intended for reuse, the

Board held that the items were "discarded," and thus "waste" under the Act.

Environmental Register – June 2003

In so finding, the Board quoted with approval the IEPA’s argument that it does not condone a person’s open

dumping of materials with the “anticipation of some future use at some undefined time.” The Board further stated

that whether the items had been purchased or were intended to be re-used at some point in the distant future, as the

Yocums claimed, was not controlling; “plans for use of material at some point in the distant future are not

dispositive in determining if materials are waste or litter.” (6/6/02 slip op. at 8).

The Board’s August 8, 2002 final order incorporated by reference the June 6, 2002 interim opinion and order.

Again over the dissent of two members, the Board assessed hearing costs, and imposed a $6,000 penalty (calculated

as four violations (two violations at each of two sites) times the statutory penalty of $1,500 per violation).

ILCS 5/31.1(d) and 42 (b)(4-5)(2002). The Board found that open dumping occurred because the Yokums had

consolidated refuse and construction debris at each site, none of which was a permitted sanitary landfill.

Court Decision. The court applied the "clearly erroneous" standard in reviewing the Board's decision, in which the

reviewing court reverses only where it is “left with the definite and firm conviction that a mistake has been

committed, citing AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 395, 763

N.E.2d 272, 282 (2001). See also City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191, 692 N.

E. ed 295 (1998) and despite Section 41(a)'s call to apply the more deferential "manifest weight" standard. The

court relied primarily on federal case law cited by the Board to determine when material becomes "waste." The

court held that the material on the Yocum sites was "discarded waste as the original owners had no use for it and it

had not yet been reused; nor was it part of an ongoing recycling process" (slip op. at pp. 10-14). The court found

that the Yocums were "disposing" (not "storing") the material because the material was not "contained" (slip op. at

pp. 14-16). The court also noted that Title V of the Act was designed to prevent not only pollution but "scenic

blight" and held that the materials need not degrade and enter the land, water, or air to affect the environment. The

court concluded, nearly quoting the Board;

Thus, the environment is affected by the scenic blight caused by the Yocums

accumulating numerous items on their property which have remained there in an

unused and haphazard state. While the Act encourages reuse and recycling of

materials, it does not condone open dumping of waste with vague intentions to

use items at some undefined time in the future. It is the Yocums' lack of

immediate reuse or sound management and proper storage of waste that violates

the Act. (slip op. at pp. 17).

Dissent. The dissenting justice echoed some of the points made by the dissenting Board Members. After describing

the evidence, the dissenting justice disagreed with the majority’s reading of the terms “waste” and “discarded”,

At bottom, this case, and so many others like it, is cultural. There are people in

nearly every community who consider other people's trash to be a reusable or

saleable treasure. The process of accumulating such 'treasures' creates scenic

blight under the best of circumstances and a potential environmental hazard

under most circumstances. As a matter of public policy, it may be a better

course to recognize this marginal economy as something that will never go away

and proscribe by statute or regulation a method of storage that would safeguard

the environment and provide a cost-effective remedy for scenic blight. (slip op.

Rule Update

Board Adopts Final 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 June 5, 2003, the Board adopted a final 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 Board

Environmental Register – June 2003

did not make any substantive changes to the first notice proposal, adopted on January 23, 2003 and published in the

Illinois Register

at 27 Ill. Reg. 2578 (February 14, 2003). This rulemaking will be filed with the Secretary of

State’s office.

The site-specific proposal affects the Central Illinois Light Company (CILCO) 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.

Central 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.

The adopted amendments at 35 Ill. Adm. Code 214.561 apply to the operation of Boiler 2. The standards require

that: average sulfur dioxide emissions from Boiler Nos. 1, 2, and 3, as a group may not exceed 4.71 pounds per

million British thermal units (lb/mmBtu) of actual heat input; the average sulfur dioxide emissions from any one

boiler may not exceed 6.6 lb/mmBtu of actual heat input; and sulfur dioxide emissions for all three boilers, as a

group, may not exceed 34,613 pounds per hour, on a 24-hour average basis. These provisions have been reviewed

and approved by the United States Environmental Protection Agency, and incorporated into the approved Illinois

State Implementation Plan, pursuant to the Clean Air Act.

42.U.S.C. Section 7401,

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

Copies of the Board’s opinion and order may be obtained by calling Dorothy Gunn at 312-814-3620, or by

downloading copies from the Board’s Web site at www.ipcb.state.il.us.

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

Board Adopts Second Notice in Noise Rule Update: Amendments to 35 Ill. Adm. Code 900-903 (R03-08)

On June 5, 2003, the Board adopted a second notice opinion and order in Noise Rule Update: Amendments to 35 Ill.

Adm. Code 900-903 (R03-08). The Board has sent the rulemaking, pursuant to the Illinois Administrative

Procedure Act (5 ILCS 100/1-1

(2002)), to the Joint Committee on Administrative Rules (JCAR). The

proposed amendments will be considered at the July 8, 2003 JCAR meeting. The Board did not make any

substantive changes to the rules it proposed at first notice (published in the

Illinois Register

27 Ill. Reg. 1889 and

1909 (February 7, 2003)).

The noise rules involved are 35 Ill. Adm. Code Parts 900 and 903. These are general provisions dealing with the

definitions of acoustical terminology, prohibition against noise pollution, and sound measurement procedures. The

proposed changes to Part 900 involve the updating of definitions and sound measurement procedures. These

definitions and measurement procedures were adopted in 1973 and have not been amended or changed since then.

The basis for these changes is the American National Standards Institute updates from the years 1998-2001.

The Board is also proposing to repeal Part 903, which specifies rules and regulations for the control of noise from

motor racing facilities, in response to legislative changes since the Part was adopted.

The Board has held two hearings in this rulemaking in Chicago on November 7, 2002 and in Springfield on

November 21, 2002. A third hearing was held on May 15, 2003 in Chicago to address the Department of

Commerce and Economic Opportunity’s, formerly known as the Department of Commerce and Community Affairs,

decision not to perform an economic impact study on the Board’s proposal.

This rulemaking should be read in conjunction with the companion implementing rules proposed in Proposed New

and Updated Rules for Measurement and Numerical Sound Emissions Standards; Amendments to 35 Ill. Adm. Code

901 and 910, R03-09, (February 20, 2003). See February 3, 2003

Environmental Register

at p. 5. Hearings in this

proceeding were held on May 1, 2003 in Springfield and May 15, 2003 in Chicago.

Environmental Register – June 2003

Copies of the Board’s opinion and order in R03-8 may be obtained by calling Dorothy Gunn at 312-814-3620, or by

downloading copies from the Board’s Web site at www.ipcb.state.il.us.

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

Board Adopts Final Amendments in RCRA Subtitle C Update, USEPA Amendments (July, 2002 through

December 31 2002) (R03-18)

On June 5, 2003, the Board adopted a final opinion and order in RCRA Subtitle C Update, USEPA Amendments

(July, 2002 through December 31 2002) (R03-18). The Board adopted amendments to its hazardous waste

regulations that are “identical-in-substance” to hazardous waste regulations adopted by the United States

Environmental Protection Agency (USEPA). These USEPA rules implement Subtitle C of the federal Resource

Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

The Board’s proposed amendments to 35 Ill. Adm. Code 703, 720, 721, 726, and 728 were published in the

on April 18, 2003. No substantive amendments from the rules as proposed were made in the Board’s

adopting opinion and order. The Board will file the adopted amendments with the Secretary of State’s Index

Department at the conclusion of a thirty-day USEPA review period.

This rulemaking is based on federal amendments made by the USEPA during the period of July 1, 2002 through

December 31, 2002. The specific federal actions involved were published in the

Federal Register

on July 24, 2002

(67 Fed. Reg. 48393), October 7, 2002 (67 Fed. Reg. 62618), October 23, 2002 (67 Fed. Reg. 65220), October 29,

2002 (67 Fed. Reg. 65876), and December 19, 2002 (67 Fed. Reg. 77687).

The USEPA action of July 24, 2002 related to recycling hazardous secondary materials. The covered materials are

those used to make zinc fertilizer products. The amendments excluded the secondary materials from the definition

of solid waste and exclude the fertilizers made from these secondary materials from the definition of solid waste, so

long as certain contaminants in the fertilizer remain within specified limits. Exclusion from the definition of solid

waste excludes the secondary materials from hazardous waste regulation. USEPA intended the rule to allow the use

of zinc-rich dusts from brass foundries and fabricators as substitutes for other feedstocks. The federal amendments

further removed the former exemption from 40 CFR 268.40(i) of the federal land disposal restrictions. USEPA had

adopted this as a temporary measure on August 31, 1998 (63 Fed. Reg. 46331) to stay the Phase IV land disposal

restrictions (LDRs) as they apply to zinc-containing fertilizers until USEPA developed the more comprehensive set

of regulations for the use of hazardous waste in making fertilizers.

The USEPA action of October 7, 2002 related to land disposal of radioactively contaminated batteries. On a

petition from the federal Department of Energy, USEPA granted a national treatability variance for the

contaminated cadmium-, mercury-, and silver-containing batteries by designating new treatments for the batteries.

USEPA designated macroencapsulation in accordance with the rules applicable to hazardous debris as treatment

prior to land disposal of the three types of radioactively contaminated batteries.

The USEPA actions of October 23, 2002 and October 29, 2002 (67 Fed. Reg. 65876) related to the Clean Water Act

methods for analysis of contaminants in water and waste. Additionally, the action of October 23, 2002 also related

to methods for analysis of contaminants in drinking water under the Safe Drinking Water Act. This action was a

general update of the various methods for analysis of chemical, microbiological, and radiological contaminants in

The USEPA action of December 19, 2002 made various technical corrections to the hazardous waste combustor

Finally, the Board moved forward with the incorporation by reference of an updated

federal guidance for delisting of hazardous waste. The Board proposed to replace the

reference to a document issued in 1993 with reference to a document issued in 2000,

in response to a public inquiry. The Illinois Environmental Protection Agency (Agency)

commented that the update was necessary. The Agency views the use of the federal

Environmental Register – June 2003

guidance as mandatory, so the incorporation of the updated guidance document by

reference is mandatory.

The Board amended the Illinois regulations at 35 Ill. Adm. Code 702.122(a)(2), (c)(2), (e)(2), and the Board note to

subsection (l) to require the use of the March, 2000 USEPA Region 6 guidance document “EPA RCRA Delisting

Program--Guidance Manual for the Petitioner.” The Board additionally requested that the Agency, USEPA, or the

regulated community bring the release of any updated guidance to the attention of the Board as soon as USEPA

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

(2002)). Section 22.4(a) also provides that Title VII of the Act and Section 5 of the Administrative Procedure Act

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

regulations. The federal RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273,

Copies of the Board’s opinion and order in R03-18 may be obtained by calling Dorothy Gunn at 312-814-3620, or

by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

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

mccambm@ipcb.state.il.us

Board Adopts Proposal for Public Comment in Wastewater Pretreatment Update, USEPA Amendments

(July 1, 2002 through December 31, 2002) (R03-13)

On June 19, 2003 the Board adopted a proposal for public comment in Wastewater Pretreatment Update, USEPA

Amendments (July 1, 2002 through December 31, 2002) (R03-13). The Board proposes to amend the Board’s

wastewater pretreatment regulations that are “identical-in-substance” to wastewater pretreatment regulations

adopted by the United States Environmental Protection Agency (USEPA). These are rules adopted by the USEPA

pursuant to sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the Federal Water Pollution Control Act

(FWPCA) (33 U.S.C. §§ 1317(b), (c), and (d) and 1342(b)(8) and (b)(9) (1994)).

The Board regulations involved in this proceeding are 35 Ill. Adm. Code 307 and 310. This rulemaking is based on

federal amendments made by the USEPA during the period of July 1, 2002 through December 31, 2002. The

specific federal actions involved were published in the

Federal Register

on September 19, 2002 (67 Fed. Reg.

58990), October 17, 2002 (67 Fed. Reg. 64216), October 23, 2002 (67 Fed. Reg. 65220), October 29, 2002 (67 Fed.

Reg. 65876), and November 19, 2002 (67 Fed. Reg. 69952).

The proposal for public comment will be published in the

Illinois Register

on July 7, 2003 and the Board will accept

comments on the proposal for a period of 45 days after the publication, through August 21, 2003.

The USEPA action of September 19, 2002 related to discharges from sources in the Pulp, Paper, and Paperboard

Point Source Category. USEPA amended the effluent limitations guidelines and standards applicable to sources in

the Bleached Papergrade Kraft and Soda Subcategory. They allow mills in this subcategory to demonstrate

compliance with applicable chloroform limitations and standards at a fiber line in lieu of monitoring. The

amendments allow the mills to forego monitoring if they fulfill certain requirements: (1) they must perform initial

monitoring to demonstrate compliance, (2) they must certify that the pertinent line is not using chlorine or

hypochlorite as a bleaching agent, and (3) they must maintain process and operating conditions as during the

compliance demonstration period. Included were amendments to wastewater pretreatment standards, and the

present amendments incorporate those segments into the Illinois regulations.

The Board proposed to incorporate the September 19, 2002 federal amendments without substantive deviation from

the corresponding federal text. The federal amendments affected the monitoring provisions of 40 C.F.R. 430.02,

which USEPA adopted April 15, 1998 (63 Fed. Reg. 18639). The Board adopted the federal April 15, 1998

amendments in Wastewater Pretreatment Update, USEPA Regulations (January 1, 1998 through June 30, 1998),

Environmental Register – June 2003

R99-4 (March 18, 1999), but neglected to include the monitoring requirements of 40 CFR 430.02. The present

amendments correct that oversight.

The USEPA action of October 17, 2002 related to the effluent limitations guidelines and standards applicable to the

Iron and Steel Manufacturing Point Source Category. USEPA amended the standards applicable to wastewater

discharges from metallurgical cokemaking, sintering, and ironmaking operations. USEPA included new standards

for direct reduced ironmaking, briquetting, and forging operations. USEPA also provided an allowance for existing

basic oxygen furnaces operating semi-wet air pollution control systems and established technology-based

limitations for electric arc furnaces operating semi-wet pollution control systems. The amendments further deleted

references in the rules to beehive cokemaking, ferromanganese blast furnaces, and open-hearth furnaces, which are

The Board has proposed to incorporate by reference the October 17, 2002 federal rules covering the Iron and Steel

Manufacturing Point Source Category. The structure of the Illinois wastewater pretreatment regulations is such that

the primary means of incorporating federal requirements is by use of incorporation of the federal rules by reference.

Generally, the Illinois regulations set forth the text of shorter general provisions, like applicability statements, and

incorporate by reference the more lengthy federal substantive requirements, such as these.

The USEPA actions of October 23, 2002, October 29, 2002, and November 19, 2002 updated the Clean Water Act

methods for analysis of contaminants in water and waste in 40 C.F.R. 136. The Board has proposed to include all of

these updates in the incorporations by reference in 35 Ill. Adm. Code 310.107. The October 23, 2002 action was a

general update of the various methods for analysis of chemical, microbiological, and radiological contaminants in

water; it also amended methods for analysis of contaminants in drinking water under the Safe Drinking Water Act.

The action of October 29, 2002 updated a single analytical method, USEPA Method 1631E, for analysis of mercury

in aqueous samples by cold vapor atomic fluorescence spectrometry. The action of November 19, 2002 related to

whole effluent toxicity (WET) testing.

Copies of the Board’s opinion and order in R03-13 may be obtained by calling Dorothy Gunn at 312-814-3620, or

by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

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 Radionuclide Restricted Status, Amendments to 35 Ill.

Adm. Code 602.105, 602.106, 602.108, and 602.115 (R03-21)

On June 19, 2003, the Board adopted a first notice opinion and order to amend the Board’s public water supply

(PWS) regulations at 35 Ill. Adm. Code 602, based on a proposal filed on April 7, 2003 by the Illinois

Environmental Protection Agency (IEPA). The proposal would allow the IEPA to continue issuing permits to PWS

that do not meet the federal radionuclide standard for drinking water, but only if the PWS is bound by order or

agreement to a compliance schedule for meeting the federal standard. The current exemption in Part 602 that allows

such permit issuance “sunsets” December 8, 2003, which is the compliance deadline of the new federal radionuclide

standard (adopted at 65 Fed. Reg. 76707, December 7, 2000). This proposal would not exempt PWS from the final

radionuclide standard, but would continue the existing State exemption that keeps certain PWS from being placed

on “restricted status” (

, an Illinois-only list of PWS banned from receiving construction permits).

The proposal for public comment will be published in the

Illinois Register

on July 7, 2003 and the Board will accept

comments on the proposal for a period of 45 days after the publication, through August 21, 2003.

Section 17.6 of the Illinois Environmental Protection Act (Act) provides that the Illinois radiological quality

standards must be the same as the federal standards adopted by the United States Environmental Protection Agency

(USEPA) (415 ILCS 5/17.6 (2002). That standard, as codified in the Board’s rules, is 5 pico curies per liter (pCi/l)

for combined radium-226 and radium –228 and 15 pCi/l for gross alpha particle activity. 35 Ill. Adm. Code

611.330. Compliance is required effective December 8, 2003.

Environmental Register – June 2003

The IEPA anticipates that approximately 50 to 60 PWS may fail to meet the December 8, 2003 deadline and be

subject to the pre-enforcement processes of Section 31 of the Act. However, the IEPA maintains that those PWS

meeting compliance dates of Compliance Commitment Agreements (CCAs) or court orders should be able to avoid

restricted status without having to individually petition the Board for variance relief, expending PWS, Board, and

IEPA resources. Accordingly, the IEPA has requested that the Board adopt final regulations in this rulemaking by

the December 8, 2003 deadline.

Additionally, the proposal contains language that would require each person signing a construction permit

application for a PWS to certify that the information in the application is complete and accurate and that the text has

not been altered from the IEPA’s permit application form or template.

The Board held hearings in this rulemaking in Springfield on May 8, 2003 and in Chicago on May 15, 2003.

Copies of the Board’s opinion and order in R03-21 may be obtained by calling Dorothy Gunn at 312-814-3620, or

by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For more information contact Richard McGill at (312) 814-6983 or email at mcgillr@ipcb.state.il.us.

Board Actions

June 5, 2003

Via Videoconference

Chicago and Springfield, Illinois

Rulemakings

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

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

214.561 – The Board adopted a final opinion and order in this matter to amend

the Board’s air pollution control regulations.

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

and 903 – The Board adopted a proposed second notice opinion and order in this

matter to amend the Board’s noise pollution control regulations.

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

2002 through December 31, 2002) – The Board adopted a final opinion and

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

Adjusted Standards

In the Matter of: Petition of The Ensign Bickford Company for an Adjusted

Standard from 35 Ill. Adm. Code 237.103 – The Board entered a supplemental

opinion and order amending it’s March 20, 2003 opinion and order. The Board

granted petitioner’s motion for substitution and named Dyno Nobel Inc. as the

holder of the adjusted standard. The Board granted the adjusted standard from

35 Ill. Adm. Code 237.102, subject to conditions.

Environmental Register – June 2003

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) – The Board agreed with

petitioner that there need not be a new notice of publication filed and accepted

the amended petition for hearing.

Administrative Citations

IEPA v. Marshall Pekarsky (Rockford/Kishwaukee Auto Parts) – Following

Second District Appellate Court reversal of the Board's February 7, 2002 order

(IEPA v. Marshall Pekarsky and IPCB, 2-02-0281, April 18, 2003), this matter

was remanded to the Board. The Board found that this Winnebago County

respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2002))

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

IEPA v. Arrowhead Tree Removal, Inc. – The Board granted complainant’s

motion for reconsideration of the Board’s May 15, 2003 order. The Board

granted complainant’s motion for voluntary dismissal of this administrative

citation involving a Jersey County facility.

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 stipulation and settlement agreement between the People

and Marc Development Corporation (Marc) only. Marc was ordered to pay a

civil penalty of $20,000 and was ordered to cease and desist from further

People of the State of Illinois v. Chiquita Processed Foods, L.L.C. – In this

water enforcement action concerning a Peoria County facility, the Board granted

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

Protection Act (415 ILCS 5/31(c)(1) (2002)), accepted a stipulation and

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

$113,137.76, and to cease and desist from further violations.

Environmental Register – June 2003

Motions and Other Matters

People of the State of Illinois v. Skokie Valley Asphalt, Co., Inc., Edwin L.

Frederick, Jr. individually and as owner and President of Skokie Valley Asphalt

Co., Inc., and Richard J. Frederick individually and as owner and vice president

of Skokie Valley Asphalt Co., Inc. – The Board denied the complainant’s motion

for leave to file a reply to respondents’ response to the motion to strike or

dismiss. The complainant’s motion to strike affirmative defenses was granted in

part. The first two affirmative defenses are stricken, but the third affirmative

defense remains. Respondent Skokie Valley’s motion to dismiss the Fredericks

from this cause was denied.

People of the State of Illinois v. Peabody Coal Company – The Board granted the

complainant’s motion to strike in part and denied the motion in part. The Board

granted the motion to strike 12 alleged affirmative defenses raised by respondent.

Respondent withdrew another of its purported affirmative defenses. The Board

denied the complainant’s motion to strike three remaining alleged affirmative

defenses raised by respondent.

Fox River Water Reclamation District v. IEPA – The Board granted petitioner’s

motion for voluntary dismissal of this permit appeal involving a Kane County

People of the State of Illinois v. Jacobs Energy Corporation – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this water enforcement action involving a

Rock Island County facility, the Board ordered publication of the required

newspaper notice.

The Ensign Bickford Company v. IEPA – Having granted parties request in

Petition of the Ensign-Bickford Company for an Adjusted Standard from 35 Ill.

Adm. Code 237.102, AS 00-5 (June 5, 2003), the Board denied as moot the

parties’ request that this case be reopened and Dyno Nobel be substituted for

EBCo in the variance.

Tri-Town 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 Cook County facility.

Talcott Building Partnership v. IEPA – The Board granted petitioner’s motion

for voluntary dismissal of this underground storage tank appeal involving a Cook

County facility.

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

underground storage tank appeal involving a Williamson County facility.

Environmental Register – June 2003

Chronister Oil Company d/b/a Quik-N-EZ – The Board accepted for hearing this

underground storage tank appeal involving a Christian County facility.

City of Kankakee v. County of Kankakee, County Board of Kankakee, and

Waste Management of Illinois, Inc.; Merlin Karlock v. County of Kankakee,

Kankakee County Board and Waste Management of Illinois, Inc; Michael

Watson v. County Board of Kankakee County, Illinois and Waste Management

of Illinois, Inc.; Keith Runyon v. County of Kankakee, Kankakee County Board,

and Waste Management of Illinois, Inc. – The Board denied the parties’ motions

Mick’s Garage v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Madison County facility.

Brunner Brothers 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 Tazewell County facility.

Keller Oil Properties, Inc. (May 1, 2000 – August 31, 2001) v. IEPA – The

Board accepted for hearing this underground storage tank appeal involving a

Coles County facility and granted the motions to consolidate this matter with

PCB 03-130, PCB 03-131, PCB 03-136, and PCB 03-137.

Keller Oil Properties, Inc. (July 1, 2000 – March 31, 2001) v. IEPA – The Board

accepted for hearing this underground storage tank appeal involving a Coles

County facility and granted the motions to consolidate this matter with PCB 03-

129, PCB 03-131, PCB 03-136, and PCB 03-137.

Keller Oil Properties, Inc. (July 1, 2001 – March 31, 2002) v. IEPA – The Board

accepted for hearing this underground storage tank appeal involving a Coles

County facility and granted the motions to consolidate this matter with PCB 03-

129, PCB 03-130, PCB 03-136, and PCB 03-137.

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

underground storage tank appeal involving a Clay County facility.

Keller Oil Properties, Inc. (October 1, 1999 – July 1, 2000) v. IEPA – The Board

accepted for hearing this underground storage tank appeal involving a Coles

County facility and granted the motions to consolidate this matter with PCB 03-

129, PCB 03-130, PCB 03-131, and PCB 03-137.

Environmental Register – June 2003

Keller Oil Properties, Inc. (July 1, 2000 – March 31, 2001) v. IEPA – The Board

accepted for hearing this underground storage tank appeal involving a Coles

County facility and granted the motions to consolidate this matter with PCB 03-

129, PCB 03-130, PCB 03-131, and PCB 03-136.

People of the State of Illinois v. Westfield Homes of Illinois – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this water enforcement action involving a

facility located in Lake County, the Board ordered publication of the required

newspaper notice.

People of the State of Illinois v. C&F Packing Co., Inc. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this water enforcement action involving a

facility located in Lake County, the Board ordered publication of the required

newspaper notice.

Franklin T. Fowler and Franklin D. Fowler v. Remington Hybrid Seed Company,

Inc. – The Board granted complainants’ motion for voluntary dismissal of this

enforcement action involving a Henry County facility.

Solid Waste Agency of Northern Cook County v. City of Des Plaines, Illinois

and Disposal Management Systems, Inc. – The Board granted petitioner’s motion

for reconsideration, and reaffirmed it’s April 17, 2003 decision to dismiss

petitioner’s amended petition as untimely.

Solid Waste Agency of Northern Cook County v. City of Des Plaines, Illinois

and Disposal Management Systems, Inc. – The Board refused to accept

petitioner’s petition for review and denied respondent Des Plaines’ motion to

dismiss as moot.

Prime Time Citgo 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

Kane County facility.

Rochelle Waste Disposal, L.L.C. v. City Council of the City of Rochelle, Illinois

– The Board accepted for hearing this pollution control facility siting appeal

involving an Ogle County facility.

Randall Industries 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

DuPage County facility.

Environmental Register – June 2003

People of the State of Illinois v. Lehigh Press, Inc. a/k/a Lehigh Press-Cadillac,

Lehigh Cadillac-Direct, Lehigh Digital and Lehigh Direct – The Board accepted

for hearing this air enforcement action involving a Cook County facility.

June 19, 2003

Chicago, Illinois

Rulemakings

Wastewater Pretreatment Update, USEPA Amendments (July 1, 2002 through

December 31, 2002) – The Board adopted a proposal for public comment in this

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

pretreatment regulations.

In the Matter of: Radionuclide Restricted Status, Amendments to 35 Ill. Adm.

Code 602.105, 602.106, 602.108, and 602.115 – The Board adopted a first notice

opinion and order in this matter to amend the Board’s public water supply

Adjusted Standards

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

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

petitioner an adjusted standard, with conditions, from the total dissolved water

quality standard.

In the Matter of: Petition of Argonne National Laboratory for an Adjusted

Standard from 35 Ill. Adm. Code 218.182 – The Board accepted this DuPage

County facility’s petition for an adjusted standard from the volatile organic

material limitations for cold cleaning degreasers, granting the motion to

incorporate the record in AS 03-3 into this matter.

In the Matter of: Petition of Cromwell-Phoenix, Inc. for an Adjusted Standard

from 35 Ill. Adm. Code Subpart F, Section 218.204(c) – The Board accepted for

hearing this Cook County facility’s amended petition for an adjusted standard

from the volatile organic material limitations for papercoating.

Administrative Citations

IEPA v. James L. Quirin and C. Grantham Company – The Board found that

these St. Clair County respondents violated Section 21(p)(1) of the Act (415

ILCS 5/21(p)(1) (2002)) and ordered respondents to pay a civil penalty of

Environmental Register – June 2003

IEPA v. Robert A. Power, Jr. and Susan L. Power – The Board found that these

St. Clair County respondents violated Section 21(p)(1), (3), and (7) of the Act

(415 ILCS 5/21(p)(1), (3), (7) (2002)) and ordered respondents to pay a civil

penalty of $4,500.

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

The Board affirmed respondent’s December 10, 2002 denial of petitioner’s

application to construct a waste transfer facility at the Woodland Landfill site,

finding that the County’s procedures were fundamentally fair and the decision

was not against the manifest weight of the evidence.

Provisional Variances

General Dynamics Ordnance and Tactical Systems, Inc. v. IEPA – Upon receipt

of an Illinois Environmental Protection Agency recommendation, the Board

granted a provisional variance to this Williamson County facility from the 90-

day limitation on the accumulation of hazardous wastes, as set forth in 35 Ill.

Adm. Code 722.134(b).

Dynegy Midwest Generation, Inc. (Baldwin Power Station) v. IEPA – Upon

receipt of an Illinois Environmental Protection Agency recommendation, the

Board granted this facility, located in St. Clair and Randolph Counties, a 45-day

provisional variance, subject to conditions, from the 35 Ill. Adm. Code

304.141(a) and the effluent limits in National Pollutant Discharge Elimination

System Permit No. IL000004 as they apply to total suspended solids for Outfall

Motions and Other Matters

People of the State of Illinois v. Archer Daniels Midland Company – 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 Macon County facility, the Board ordered publication of the required

newspaper notice.

People of the State of Illinois v. Archer Daniels Midland Company – Upon

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

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

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

newspaper notice.

Environmental Register – June 2003

People of the State of Illinois v. Economy Plating, Inc. – The Board granted

complainant’s motion to deem facts admitted.

People of the State of Illinois v. Hartz Construction Co., Inc. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this land enforcement action involving a

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

People of the State of Illinois v. QC Finishers, Inc. – The Board denied

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

count I and count II and the second specific affirmative defense to count VI. The

Board granted the motion to strike respondent’s four general affirmative defenses

as to all counts, respondent’s affirmative defenses to counts III and IV, and the

first specific affirmative defense to count VI.

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 found that portions

of the complaint were frivolous, and dismissed those portions of the complaint

requesting attorney fees. The Board also dismissed the complaint as to the

Beverly and Lakeside Trusts. The Board found that the remaining alleged

violations in the complaint were neither duplicative nor frivolous, denied the

motion to dismiss, and accepted for hearing this matter involving a Cook County

Chrisman Farm Center v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving an Edgar

County facility.

Waste Management of Peoria 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 Tazewell County facility.

R.W. Sheridan Oil Co., 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 McLean County facility.

Clark Retail Enterprises, 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 McHenry County facility.

Pete’s Marathon 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 Marion County facility.

Environmental Register – June 2003

Swearingin Amoco v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Coles County facility and granted the motions to

consolidate this matter with PCB 03-157 and PCB 03-158.

Swearingin Amoco v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Coles County facility and granted the motions to

consolidate this matter with PCB 03-156 and PCB 03-158.

Swearingin Amoco v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Coles County facility and granted the motions to

consolidate this matter with PCB 03-156 and PCB 03-157.

Warren’s Service v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Mercer County facility.

Lowe Transfer, Inc. and Marshall Lowe v. County Board of McHenry County,

Illinois – The Board accepted for hearing this pollution control facility siting

denial appeal involving a McHenry County municipal waste transfer station.

People of the State of Illinois v. Mecalux Illinois, Inc. – The Board accepted for

hearing this air enforcement action involving a Cook County facility.

People of the State of Illinois v. Elysium Energy – The Board accepted for

hearing this land enforcement action involving a Jasper County facility.

People of the State of Illinois v. Village of Sims, Followell Construction

Company, Inc., and Lamac Engineering Company – Upon receipt of separate

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement as to respondents Followell Construction

Company, Inc. and the Village of Sims in this water enforcement action

involving a Wayne Island County facility, the Board ordered publication of the

required newspaper notice. As to the remaining respondent, Lamac Engineering

Company, the Board accepted the complaint for hearing.

Pete’s Marathon (November 2, 2002 – November 30, 2002) 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 Marion County facility.

Pete’s Marathon (December 1, 2002 – December 31, 2002) 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 Marion County facility.

Environmental Register – June 2003

Pete’s Marathon (January 1, 2003 – January 31, 2003) 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 Marion County facility.

Graham C-Stores 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

Kane County facility.

Graham 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

Kane County facility.

Catholic Bishop of Chicago v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility.

June 5, 2003 Board Meeting

Prime Time Citgo 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 Kane County facility.

Rochelle Waste Disposal, L.L.C. v. City Council of the City of Rochelle, Illinois – The Board accepted for

hearing this pollution control facility siting appeal involving an Ogle County facility.

Randall Industries 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 DuPage County facility.

People of the State of Illinois v. Lehigh Press, Inc. a/k/a Lehigh Press-Cadillac, Lehigh Cadillac-Direct,

Lehigh Digital and Lehigh Direct – The Board accepted for hearing this air enforcement action involving a Cook

County facility.

County of Ogle v. Rochelle Waste Disposal, L.L.C. and Clyde A. Gelderloos, Chief Operator, and City

of Rochelle – The Board accepted an administrative citation against these Ogle County respondents.

County of Vermilion, Illinois v. Brickyard Disposal and Recycling, Inc. – The Board accepted an

administrative citation against this Vermilion County respondent.

IEPA v. Sharyn Fuller and Carl Benedict d/b/a Benedict Auto Sales – The Board accepted an

administrative citation against these Peoria County respondents.

In the Matter of: Argonne National Laboratory for an Adjusted Standard from 35 Ill. Adm. Code

218.182 – Pending receipt of the certificate of publication, the Board held this DuPage County facility’s petition for

an adjusted standard from the Board’s air pollution control regulations.

In the Matter of: Petition of Cromwell-Phoenix, Inc. for an Adjusted Standard from 35 Ill. Adm. Code

Subpart F, Section 218.204(c) – Pending receipt of the certificate of publication, the Board held this Cook County

facility’s petition for an adjusted standard from the Board’s air pollution control regulations.

Environmental Register – June 2003

June 19, 2003 Board Meeting

Lowe Transfer, Inc. and Marshall Lowe v. County Board of McHenry County, Illinois – The Board

accepted for hearing this pollution control facility siting denial appeal involving a McHenry County municipal

waste transfer station.

People of the State of Illinois v. Mecalux Illinois, Inc. – The Board accepted for hearing this air enforcement

action involving a Cook County facility.

People of the State of Illinois v. Elysium Energy – The Board accepted for hearing this land enforcement

action involving a Jasper County facility.

People of the State of Illinois v. Village of Sims, Followell Construction Company, Inc., and Lamac

Engineering Company – Upon receipt of separate proposed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement as to respondents Followell Construction Company, Inc. and

the Village of Sims in this water enforcement action involving a Wayne Island County facility, the Board ordered

publication of the required newspaper notice. As to the remaining respondent, Lamac Engineering Company, the

Board accepted the complaint for hearing.

Pete’s Marathon (November 2, 2002 – November 30, 2002) 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 Marion County facility.

Pete’s Marathon (December 1, 2002 – December 31, 2002) 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 Marion County facility.

Pete’s Marathon (January 1, 2003 – January 31, 2003) 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 Marion County facility.

Graham C-Stores 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 Kane County facility.

Graham 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 Kane County facility.

Catholic Bishop of Chicago v. IEPA – The Board accepted for hearing this underground storage tank appeal

involving a Cook County facility.

General Dynamics Ordnance and Tactical Systems, Inc. v. IEPA – Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board granted a provisional variance to this Williamson

County facility from the 90-day limitation on the accumulation of hazardous wastes, as set forth in 35 Ill. Adm.

Code 722.134(b).

Dynegy Midwest Generation, Inc. (Baldwin Power Station) v. IEPA – Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board granted this facility, located in St. Clair and

Randolph Counties, a 45-day provisional variance, subject to conditions, from the 35 Ill. Adm. Code 304.141(a) and

the effluent limits in National Pollutant Discharge Elimination System Permit No. IL000004 as they apply to total

suspended solids for Outfall 001.

IEPA v. Olen G. Parkhill, Jr. – The Board accepted an administrative citation against this Peoria County

IEPA v. Olen G. Parkhill, Jr. – The Board accepted an administrative citation against this Peoria County

In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (January 1, 2003 through June

30, 2003) – The Board reserved this docket for a routine identical-in-substance update. The update includes any

federal amendments, which occurred during the period of January 1, 2003 through June 30, 2003.

In the Matter of: Definition of VOM Update, USEPA Amendments (January 1, 2003 through June 30,

2003) - The Board reserved this docket for a routine identical-in-substance update. The update includes any federal

amendments, which occurred during the period of January 1, 2003 through June 30, 2003.

Environmental Register – June 2003

In the Matter of: SDWA Update, USEPA Amendments (January 1, 2003 through June 30, 2003) – The

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

amendments, which occurred during the period of January 1, 2003 through June 30, 2003.

In the Matter of: UIC Update, USEPA Amendments (January 1, 2003 through June 30, 2003) – The

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

amendments, which occurred during the period of January 1, 2003 through June 30, 2003.

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

(January 1, 2003 – June 30, 2003) – The Board reserved this docket for a routine identical-in-substance update. The

update includes any federal amendments, which occurred during the period of January 1, 2003 through June 30,

In the Matter of: RCRA Subtitle C (Hazardous Waste) Update (January 1, 2003 through June 30, 2003) –

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

amendments, which occurred during the period of January 1, 2003 through June 30, 2003.

In the Matter of: UST Update, USEPA Amendments (January 1, 2003 through June 30, 2003) – The

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

amendments, which occurred during the period of January 1, 2003 through June 30, 2003.

Illinois Pollution

Control Board Meeting

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph

Chicago, Illinois

Todd's Service Station v. IEPA

Hearing in City Hall Council Chambers

400 Margaret Street

Mick's Garage v. IEPA

Madison County Administration

Building, County Board Room 203

157 North Main Street

Edwardsville, IL

In the Matter of: Site Specific Rule for City of

Effingham Treatment Plant Fluoride Discharge,

35 Ill. Adm. Code 304.233.

600 South Second Street, Suite 402

Illinois Pollution Control Board

Springfield, IL 62704

V.W. Bowman Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room,

1021 North Grand Avenue East

Springfield, IL

Biggs Brothers Service v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room,

1021 North Grand Avenue East

Springfield, IL

Main Station v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room,

1021 North Grand Avenue East

Springfield, IL

Environmental Register – June 2003

R. W. Sheridan Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room,

1021 North Grand Avenue East

Springfield, IL

Wabash Valley v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room,

1021 North Grand Avenue East

Springfield, IL

PCB 03-118 Dalee Oil Company (7/1/01 - 9/30/01) v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room,

1021 North Grand Avenue East

Springfield, IL

Dalee Oil Company (9/1/01 - 11/30/01) v.

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Dalee Oil Company (9/1/01 - 11/30/01) v.

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Dalee Oil Company (January 1, 2001 - August

31, 2002) v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

V.W. Bowman Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Biggs Brothers Service v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Main Station v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

R. W. Sheridan Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Wabash Valley v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

PCB 03-118 Dalee Oil Company (7/1/01 - 9/30/01) v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Dalee Oil Company (9/1/01 - 11/30/01) v.

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Environmental Register – June 2003

Dickey Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Dalee Oil Company (January 1, 2001 - August

31, 2002) v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

V.W. Bowman Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Biggs Brothers Service v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Main Station v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

R. W. Sheridan Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Wabash Valley v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

PCB 03-118 Dalee Oil Company (7/1/01 - 9/30/01) v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Dalee Oil Company (9/1/01 - 11/30/01) v.

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Dickey Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Dalee Oil Company (January 1, 2001 - August

31, 2002) v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

V.W. Bowman Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Biggs Brothers Service v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Environmental Register – June 2003

Main Station v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

R. W. Sheridan Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Wabash Valley v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

PCB 03-118 Dalee Oil Company (7/1/01 - 9/30/01) v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Dalee Oil Company (9/1/01 - 11/30/01) v.

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Dickey Oil Company v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Dalee Oil Company (January 1, 2001 - August

31, 2002) v. IEPA

Illinois Environmental Protection

Agency, TQM Training Room

1021 North Grand Avenue East

Springfield, IL

Illinois Pollution

Control Board Meeting

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph

Chicago, Illinois

Illinois Pollution

Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph St./Chicago

Hearing Room/Springfield

In the Matter of: Petition of Cromwell

Phoenix, Inc. for an Adjusted Standard from:

35 Ill. Adm. Code Subpart F, Section

218.204(c) (the "Paper Coating Rule")

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution

Control Board Meeting

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph

Chicago, Illinois

Illinois Pollution

Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph St./Chicago

Hearing Room/Springfield

Environmental Register – June 2003

Illinois Pollution

Control Board Meeting

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph

Chicago, Illinois

People of the State of Illinois v. Jersey

Sanitation Corporation

Jerseyville City Council Chambers

Jerseyville, IL

People of the State of Illinois v. Jersey

Sanitation Corporation

Jerseyville City Council Chambers

Jerseyville, IL

Environmental Register – June 2003

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

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

Regulations, the Illinois EPA has prepared the following list of facilities which are on Restricted Status. Restricted

Status is defined as the Agency determination that a sewer or lift station has reached hydraulic capacity or that a

sewage treatment plant has reached design capacity, such that additional sewer connection permits may no longer be

issued without causing a violation of the Act or Regulations. Please note that the list is continually being revised to

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

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

Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate problems,

which resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**) are additions to the

FACILITY NAME RESPONSIBLE

AUTHORITY COUNTY

Bonnie Brae Forest Manor SD

Bonnie Brae Forest Manor SD

Bourbonnais (Belle Aire Subd.)

Village of Bourbonnais

Camelot Utilities

Wastewater Collection System

Camelot Utilities

(a portion mh 60-68)

Village of Camp Point

City of East Alton

City of Farmington

Hurst & Blairville Collection

Lockport Heights SD STP

City of Lockport

Maple Lawn Homes STP

Maple Lawn Homes

Poplar Grove South STP

Village of Poplar Grove

Poplar Grove North STP

Village of Poplar Grove

Village of Port Byron

Rosewood Heights S.D.-

Ninth Street LS

Rosewood Heights S.D.

South Palos Twp. SD

South Palos Twp.

South Palos Twp.

Taylorville-Shawnee Ave.

City of Taylorville

Utilities Unlimited

Utilities Unlimited

Washington (Rolling Meadows)

City of Washington

Winnebago-SS overflow to

Westfield LS; East 4 blocks of

Village of Winnebago

Deletions from previous quarterly report: None

Additions from previous quarterly report: Poplar Grove North STP

Environmental Register – June 2003

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

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

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

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

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

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

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

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

Agency for a final determination. This listing reflects the status as of June 30, 2003.

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

Village of Antioch

City of Beardstown

Benton-Southeast STP

Bethalto (L.S. #1)

Village of Bethalto

Village of Carrier Mills

City of Carrollton

City of Chester

Citizens Utilities Co. of Ill.-

Citizens Utilities Co.

Village of Dakota

Downers Grove S.D.

Downers Grove S.D.

City of Earlville

East Dundee STP

Village of E. Dundee

Village of Elkville

Ferson Creek Utilities Co.

Utilities, Inc.

County of Lake Public

Lake Barrington Home

Owners Assn. STP

Lake Barrington Home

Lindenhurst S.D.

City of Lockport

Moline (North Slope)

New Lenox STP 1**

Village of New Lenox

Plainfield South STP

Village of Plainfield

Rock Island (Main)

City of Rock Island

Village of Sandwich

City of Streator

Thompsonville STP

Village of Thompsonville

Environmental Register – June 2003

Wauconda – Remaining

Collection System

& Lakeview Villa LS

Village of Wauconda

Village of Wauconda

Deletions from previous quarterly report: None

Additions from previous quarterly report: Wauconda WWTP

***Contact IEPA – Permit Section

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Environmental Register Comment Card

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

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The Environmental Register is published monthly by the Board, and

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

calendar, and other environmental law information.

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

Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704