J. Philip Novak, Chairman
Board Members:
G. Tanner Girard, Thomas E. Johnson,
Nicholas J. Melas, Andrea S. Moore
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-3620
(312) 814-6032 TDD
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
(217) 524-8500
Web Site: http://www.ipcb.state.il.us
Letter from the Chairman
The summer months are occupying the Illinois Pollution Control
Board with significant rulemaking activity. Although the Board has
approximately 25 rulemaking dockets either open or reserved, the following
three have recently generated particular interest or activity.
By the time you receive this issue of the
Environmental Register
, the Board
will already have completed several days of public hearings in the
consolidated cases R04-22 and R04-23, which address leaking underground
storage tanks (USTs). At least one more hearing will take place August 9
th
in Springfield. The Illinois Environmental Protection Agency (IEPA)
initiated these rulemakings in order to implement the requirements of P.A.
92-554 and P.A. 92-735. In addition, IEPA proposes maximum rates for the
reimbursement of remediation activities. In the course of its hearings, the
Board has heard a great deal of testimony from the IEPA, the regulated
community, and entities that remedy contamination caused by USTs.
Specific information about the progress of this rulemaking can be found on
the Board’s Web site at www.ipcb.state.il.us.
In April, the Illinois Association of Wastewater Agencies (IAWA) filed a proposed rule docketed by the Board as
R04-25. Based on the U.S. Environmental Protection Agency’s National Criteria Document, IAWA proposes to
change regulations governing the general use standard for dissolved oxygen. The current standard provides that
dissolved oxygen shall not be less than 6.0 mg/l during at least 16 hours of any 24-hour period and not less than 5.0
mg/l at any time. The IAWA proposal, during the months of July through February, sets a one-day minimum
concentration of 3.5 mg/l and a seven day mean minimum of 4.0 mg/l. From March though June, the proposal
would set a one-day minimum concentration of 5.0 mg/l and a seven-day mean minimum of 6.0 mg/l. The Board
held its first hearing on this proposal on June 29 and will hold a second on August 12 in Springfield. More
information about this rulemaking, including IAWA’s Statement of Reasons, can be read on the Board’s Web site.
In May, the IEPA filed a proposed rule, docketed by the Board as R04-26, that would establish an interim
phosphorus effluent standard. Generally, the standard would apply to new or expanded discharges from specified
treatment works but would not apply to existing sources. The IEPA states that it seeks “to limit higher
concentration of phosphorus that may result in detrimental levels of plant and algae growth.” By 2007, IEPA
expects to develop State numeric water quality nutrient standards and to file a proposal with the Board that reflects
them. More information about this rulemaking, including IEPA’s Statement of Reasons and any scheduled public
hearings, can be read on the Board’s Web site.
While the Board will certainly continue to decide the contested cases before it, these and other rulemakings
will be a significant part of our workload. As always, we invite public participation in these proceedings.
Sincerely,
J. Philip Novak
Chairman
Environmental Register – June 2004
- 1 -
Inside This Issue:
FEDERAL UPDATE
P. 1
RULE UPDATE
P. 3
BOARD ACTIONS
P. 7
NEW CASES
P. 16
BOARD CALENDAR
P. 18
IEPA RESTRICTED STATUS LIST
P. 20
IEPA CRITICAL REVIEW LIST
P. 22
Federal Update
United States Environmental Protection Agency Proposes Amendments Under the Clean Air Act to the
Emissions Testing Regulations
On June 10, 2004 (69 Fed. Reg. 32803), the United States Environmental Protection Agency (USEPA) proposed
amendments to control emissions of air pollution from new motor vehicles through in-use testing for heavy-duty
diesel engines and vehicles.
The proposal would establish a manufacturer-run, in-use emissions testing program for 2007 and later model year
heavy-duty diesel vehicles. The in-use test program will require the engine manufacturers to measure exhaust
emissions from their diesel engines using portable emissions measurement systems. Also, all manufacturers will be
required to regularly provide USEPA with a significant quantity of emissions data generated from engines used in
The proposed rule is a result of an agreement between USEPA and the Engine Manufacturers Association. USEPA
stated that this proposal would further clean diesel activities by helping to ensure that the benefits of more stringent
emission standards are realized under real-world driving conditions.
Comments must be received on or before August 16, 2004. Comments may be submitted by one of the following
methods: 1. Federal eRulemaking Portal: http://www.regulations.gov
Environmental Register – June 2004
- 2 -
This program regulates nonroad diesel engines and diesel fuel as a system. New engine standards will begin to take
effect in the 2008 model year, phasing in over a number of years. The standards are based on the use of advanced
exhaust emission control devices. USEPA estimates particulate matter reductions of 95 percent, nitrogen oxides
reductions of 90 percent, and the virtual elimination of sulfur oxides from nonroad engines meeting the new
standards. Nonroad diesel fuel sulfur reductions of more than 99 percent from existing levels will provide
significant health benefits as well as facilitate the introduction of high-efficiency catalytic exhaust emission control
devices as these devices are damaged by sulfur. These fuel controls will be phased-in starting in mid-2007. The
nonroad final rule is largely based on the USEPA's 2007 highway diesel program.
USEPA also adopted new test procedures, including not-to-exceed requirements, and related certification
requirements. The rule also includes provisions to facilitate the transition to the new engine and fuel standards and
to encourage the early introduction of clean technologies and clean nonroad diesel fuel. The final rule includes
provisions for both the engine and fuel programs designed to address small business considerations.
The USEPA rulemaking adopts Tier 4 standards for nonroad diesel engines of all horsepower ratings. These
standards are technology-neutral in the sense that manufacturers are the responsible party in determining which
emission control technologies will be needed to meet the requirements. Applicable emissions standards are
determined by model year for each of five engine power band categories:
1) For engines less than 25 hp, USEPA adopted a new engine standard for PM of 0.30 g/bhp-hr (grams per
brake-horsepower-hour) beginning in 2008, and leaving the previously-set 5.6 g/bhp-hr combined standard
for NMHC+NOX in place.
2) For engines of 25 to 75 hp, USEPA adopted standards reflecting approximately 50 percent reductions in
PM control from today's engines, again applicable beginning in 2008. Then, starting in 2013, standards of
0.02 g/bhp-hr for PM and 3.5 g/bhp-hr for NMHC+NOX will apply for this power category.
3) For engines of 75 to 175 hp, the standards will be 0.01 g/bhp-hr for PM, 0.30 g/bhp-hr for NOX and 0.14
g/bhp-hr for NMHC starting in 2012, with the NOX and NMHC standards phased in over a period of three
to four years in order to address lead time, workload, and feasibility considerations.
4) The above standards will apply to engines of 175 to 750 hp as well starting in 2011, with a similar phase-
in. These PM, NOX, and NMHC standards and phase-in schedules are similar in stringency to the 2007
highway diesel standards and are expected to require the use of high-efficiency after treatment systems to
ensure compliance.
5) For engines above 750 hp, USEPA adopted PM and NMHC control to 0.075 g/bhp-hr and 0.30 g/bhp-hr,
respectively, starting in 2011. More stringent standards take effect in 2015 with PM standards of 0.02
g/bhp-hr (for engines used in generator sets) and 0.03 g/bhp-hr (for non-generator set engines), and an
NMHC standard of 0.14 g/bhp-hr. The NOX standard in 2011 will be 0.50 g/bhp-hr for generator set
engines above 1200 hp, and 2.6 g/bhp-hr for all other engines in the above 750 hp category. In 2015, the
750-1200 hp generator set engines will be added to the stringent 0.50 g/bhp-hr NOX requirement as well.
The long-term NOX standard for engines not used in generator sets (mobile machinery) will be addressed in a
future action (USEPA stated that it is currently considering such an action in the 2007 time frame). USEPA is also
continuing the averaging, banking, and trading provisions engine manufacturers can use to demonstrate compliance
with the standards.
The nonroad, locomotive, and marine diesel fuel quality standards requirements involve a two-step approach to
sulfur control, with all land-based nonroad, locomotive, and marine diesel fuel going from uncontrolled sulfur levels
of approximately 3,000 ppm sulfur to 500 ppm in June, 2007. The interim step will by itself achieve significant PM
and SOX emission reductions with associated important health benefits as early as is practicable. Then, in June
2010, the sulfur cap for land-based nonroad engine diesel fuel will be reduced to the final standard of 15 ppm. Two
years later, in 2012, the 15 ppm cap for locomotive and marine engine diesel fuel will go into effect. The reduction
to 15 ppm sulfur provides additional direct control of PM and SOX emissions and is an enabling technology for the
application of advanced catalyst-based emission control technologies.
This final rule is effective on August 30, 2004.
Environmental Register – June 2004
- 3 -
For further information contact Carol Connell, Assessment and Standards Division, Office of Transportation and
Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number:
(734) 214-4349; fax number: (734) 214-4050; e-mail address: connell.carol@epa.gov, or Assessment and
Standards Division Hotline; telephone number: (734) 214-4636; e-mail address: asdinfo@epa.gov.
If any amendments to the Illinois air rules become necessary, the Board would expect the Illinois Environmental
Protection Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (2002)).
United States Environmental Protection Agency Adopts Amendments Under the Safe Drinking Water Act to
the National Primary Drinking Water Regulations For Lead and Copper
On June 29, 2004 (69 Fed. Reg. 38850), the United States Environmental Protection Agency (USEPA) adopted
minor corrections and clarification to the drinking water regulations for lead and copper.
The adopted amendments made minor changes to clarify and correct USEPA's drinking water regulations. The rule
clarified typographical errors, inadvertent omissions, editorial errors, and outdated language in the final Long Term
1 Enhanced Surface Water Treatment Rule (LT1ESWTR), the Surface Water Treatment Rule, and other rules. In
addition to these clarifications, USEPA added optional monitoring for disinfection profiling and an earlier
compliance date for some requirements in the LT1ESWTR, and a detection limit for the Uranium Methods.
Additionally, USEPA reinstated text that was inadvertently dropped from the Lead and Copper Rule which listed
the facilities that must be sent public education brochures by a public water system that has exceeded the action
level for lead or copper.
The final rule is effective on July 29, 2004, except for the amendment to Sec. 141.85(c)(2)(iii) which is effective
June 29, 2004.
For general information, contact the Safe Drinking Water Hotline at (800) 426-4791. The Safe Drinking Water
Hotline is open Monday through Friday, excluding legal holidays, from 9 a.m. to 5:30 p.m., eastern time. For
technical inquiries, contact Tracy Bone, Office of Ground Water and Drinking Water, U. S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564-5257; fax: (202)
564-3767; e-mail address: bone.tracy@epa.gov.
The Board will include any necessary amendments to Board rules resulting from this federal action in a future
SDWA identical in substance rulemaking pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act
(415 ILCS 5/7.2, 22.4 (2002)).
Rule Update
Board Adopts Second Notice Opinion and Order in Proposed Site Specific Regulation Applicable to Ameren
Energy Generating Company, Elgin, Amending 35 Ill. Adm. Code Part 901 (R04-11)
On June 3, 2004, the Board adopted a second notice opinion and order in Proposed Site Specific Regulation
Applicable to Ameren Energy Generating Company, Elgin, Amending 35 Ill. Adm. Code Part 901 (R04-11).
The
Board has sent the rulemaking, pursuant to the Illinois Administrative Procedure Act (5 ILCS 100/1-1
et seq.
(2002)), to the Joint Committee on Administrative Rules (JCAR) for its review and approval. The proposed
amendments will be considered at the July 13, 2004 JCAR meeting. The Board did not make any substantive
changes to the proposal it adopted for first notice on November 6, 2003 (published in the
Illinois Register
on
November 21, 2003 at 27 Ill Reg. 17349).
This rulemaking is based on a proposal filed by the Ameren Energy Generating Company (Ameren) on October 28,
2003, to amend the Board’s noise regulations with respect to the operation of Ameren’s electric generating facility
in Elgin, Cook County. Ameren filed this rulemaking with the Board to address the changes in land use
Environmental Register – June 2004
- 4 -
designations for property that is adjacent to its facility. The land immediately to the west of the facility is vacant,
and until very recently was located within unincorporated Cook County and zoned Industrial. On June 3, 2003, the
Village of Bartlett annexed and rezoned this land for residential use at the request of Realen Homes, a residential
development corporation. Ameren has concluded that although its facility is in compliance with the Board’s
regulations for Class C land uses (industrial, agricultural, mining and excavation), it will not be able to meet the
Class A noise limitation at 35 Ill. Adm. Code 901.102 (applicable to residential properties). The site-specific
proposal seeks adjusted noise levels for Ameren’s facility.
The Board received comments during the first notice period in this rulemaking from the Attorney General’s office
(AGO), Ameren, the Village of Bartlett, Realen Homes, and the City of Elgin. Comments filed by Ameren
addressed issues that were raised by the AGO at the hearing in this rulemaking. Ameren’s comments focused
primarily on the following points: (1) that the area surrounding the Elgin facility is predominately industrial in
nature; (2) scheduling additional noise level tests to satisfy the AGO’s criteria would be expensive and difficult to
arrange; and (3) the facility is equipped with state of the art noise control equipment and to add additional
equipment would not be economically reasonable or technologically feasible.
The comments filed by the AGO argued that the Board should deny the site-specific rule sought by Ameren.
Reasons for this denial included: (1) the AGO questioned the reliability and accuracy of the technological and
economic studies provided by Ameren; (2) the AGO stated that Ameren had not demonstrated that the Elgin facility
was significantly different than other facilities, or that it could not be modified to meet the current noise regulations;
(3) the AGO believed the noise measurements from the Elgin facility were not taken appropriately; and (4) the AGO
feared that adopting a site-specific rule for this peaker plant might set a precedent for other peaker plants, leading
them to petition the Board to be exempted from the noise regulations.
The Board found that Ameren had provided testimony and documentation on the inability of its facility to meet the
Board’s emission limitations for receiving Class A and Class B lands. The results of the noise tests submitted by
Ameren conclusively showed that the peaker plant cannot meet those limitations. The Board noted that Ameren has
spent over $11,000,000 on noise abatement measures, and that additional reductions would require the use of
experimental technology that may not result in significant reductions.
Additionally, the Board found that the facility is appropriately located in an industrial area, and that any future
residents of the yet-to-be-developed residential area should be aware of the nature of the surrounding area. Also,
noise easements in Ameren’s favor will be recorded on the titles to adjoining property as ordered by the local circuit
court, so that any noise impacts will be considered during the negotiations for the purchase price of adjoining
homes.
Accordingly, the Board did not make any changes to the first notice proposal.
Copies of the Board’s opinion and order in R04-11 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) 278-3110 or email at knittlej@ipcb.state.il.us.
Board Accepts Proposal for Hearing in Interim Phosphorus Effluent Standard, Proposed 35 Ill. Adm. Code
304.123(g-k) (R04-26)
On June 3, 2004, the Board accepted for hearing a proposal filed by the Illinois Environmental Protection Agency
(IEPA) on May 14, 2004 to set an interim phosphorus effluent standard by adding five new subsections (g-k) to
existing 35 Ill. Adm. Code 304.123.
The phosphorus effluent limit proposed by the IEPA of 1.0 milligrams per liter (mg/l) as a monthly average would
apply to new or expanded discharges from treatment works with a design average flow greater than 1.0 million
gallons per day (mgd) receiving municipal or domestic wastewater, or a total phosphorus effluent load of 25 lbs/day
or more. However, if the source can demonstrate that phosphorus is not limiting nutrient in the receiving water or
that alternative phosphorus effluent limits are warranted by the aquatic environment in the receiving water, the 1.0
Environmental Register – June 2004
- 5 -
mg/l limit would not apply. Since these standards apply only to new or expanded discharges, existing facilities are
“grandfathered in,” and would not have to meet the proposed interim standard.
In its statement of reasons, the IEPA asserts that it is in the process of developing the State numeric nutrient
standards pursuant to its triennial water quality standards review, and that a final effluent level would be included as
part of the nutrient standards rulemaking that IEPA plans to file with the Board in early 2007. In the interim, the
IEPA is proposing the 1.0 mg/l effluent standard for phosphorus to limit higher concentrations of phosphorus that
may result in detrimental levels of plant and algae growth. The IEPA requested that the interim effluent standard
apply until the Board adopts a numeric water quality standard for phosphorus.
Copies of the Board’s opinion and order in R04-26 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.
The Board hearing officer is in the process of scheduling hearings on this proposal. For additional information
contact John Knittle at 217/278-3111; email address knittlej@ipcb.state.il.us.
Board Adopts Final Rules in RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA
Amendments (January 1, 2003 through June 30, 2003); RCRA Subtitle C (Hazardous Waste) Update,
USEPA Amendments (July 1, 2003 through December 31, 2003) R04-05 and R04-15 (consolidated)
On June 17, 2004, the Board adopted final amendments in the consolidated rulemaking RCRA Subtitle D
(Municipal Solid Waste Landfill) Update, USEPA Amendments (January 1, 2003 through June 30, 2003); RCRA
Subtitle C (Hazardous Waste) Update, USEPA Amendments (July 1, 2003 through December 31, 2003) R04-05and
R04-15 (cons.).
The rulemaking adopted amendments to the Illinois regulations that are “identical-in-substance” to
municipal solid waste landfill (MSWLF) regulations adopted by the United States Environmental Protection
Agency (USEPA). This docket includes federal MSWLF amendments that USEPA adopted in the update periods
January 1, 2003 through June 30, 2003 and July 1, 2003 through December 31, 2003. These USEPA rules
implement Subtitle D of the Resource Conservation and Recovery Act of 1976, 42 U.S.C §§ 6941-6949, (RCRA
Subtitle D).
The Board received comments related to the substantive changes in this rulemaking from the Illinois Environmental
Protection Agency (IEPA) and from the Marion Ridge Landfill. The Board made some changes to the proposal it
adopted on March 18, 2004 (published in the
Illinois Register
at 28 Ill. Reg. 5577 and 5594). The Board filed the
final amendments with the Secretary of State’s Index Department. The final amendments were published in the
Illinois Register
on July 2, 2004 at 28 Ill. Reg. 9090 and 9107.
Residential Lead-based Paint Disposal Rules. USEPA amended the federal RCRA Subtitle D MSWLF regulations
once during the January 1, 2003 through June 30, 2003 period of docket R04-5. On June 18, 2003 (68 Fed. Reg.
36487) USEPA amended key definitions to allow disposal of residential lead-based paint waste that is not
hazardous waste in a construction and demolition landfill that does not accept other household waste. Residential
lead-based paint waste is defined as waste that contains lead-based paint that was generated in the course of
abatement, rehabilitation, renovation, and remodeling activities in homes or other residential units. The term
includes lead-based paint debris, chips, dust, and sludges.
The IEPA public comment requested that the Board either decline to incorporate the federal amendments into the
Illinois regulations, or append a cautionary Board note to the definition of “C & D landfill.” The IEPA opposed
adoption of the federal amendments of June 18, 2003 and stated that the regulatory structure contemplated by
USEPA does not exist in the Illinois landfill regulations. The IEPA maintained that addition of the definition of “C
& D landfill” would “create legal conflicts with existing landfill provisions and unnecessary confusion” and might
even “create legal inferences disruptive to the Agency’s administration of the non-hazardous landfill rules.”
The Board agreed that the federal and Illinois regulatory schemes for solid waste landfills are different. The
distinctions made between the various types of facilities are not the same under the Illinois regulations as those
made under the federal rules. However, the Board found that the June 18, 2003 federal amendments did not alter
the federal regulatory scheme and create a new class of land disposal facility standards. USEPA chose to define a
Environmental Register – June 2004
- 6 -
new class of landfills to implement the residential lead-based paint waste exception. The Board did not find any
fundamental inconsistency between the incorporation of the federal exception for residential lead-based paint waste
and the existing Illinois landfill regulations. Incorporation of an exception for residential lead-based paint waste
from the federally-derived MSWLF requirements does not relax otherwise-applicable Illinois standards that are
more stringent than the federal standards of 40 C.F.R. 257.3 (or Subpart B of 40 C.F.R. 257 for CESQG waste).
The Board explained that the federal use of the term “C & D landfill” is intended only to limit the defined universe
of household waste in terms identical to those chosen by USEPA, and drafted the exception without use of the term
“C & D landfill.” The Board added the definition of “residential lead-based paint waste” and exempted facilities
disposing of this material and no other household waste from the definition of “municipal solid waste landfill.” The
Board added a Board note explaining this difference between the state and federal definitions. The definition of
“residential lead-base paint waste” remains unchanged from the proposed version.
Ford Act’s Location Restrictions on Landfills Near Public Airports. USEPA amended the federal RCRA Subtitle D
MSWLF regulations once during the July 1, 2003 through December 31, 2003 period of docket R04-15. On
October 15, 2003 (68 Fed. Reg. 59333) USEPA amended the rules to add a note referencing the adoption of the
Wendell H. Ford Aviation Investment Act (Ford Act)(Pub. L. 106–181, effective April 5, 2000, amended 49 U.S.C.
44718(d)) prohibiting location of a new landfill within six miles of a certain public airports.
USEPA added a note to its 40 C.F.R. 258.10 provision relating to location of a MSWLF in proximity to an airport.
USEPA deliberately chose not to amend the language of its location restriction provisions. USEPA instead chose to
append a note to its location restrictions that referenced the federal statutory change that instituted a new restriction.
The amended provision now prohibits establishing a new MSWLF within six miles of a federally-funded public
airport served by general aviation aircraft and regularly scheduled flights of aircraft designed for 60 or fewer
passengers, unless the FAA determines at the request of the state that the location would have no adverse impact on
aviation safety.
The comments filed by Marion Ridge Landfill requested further clarification that the Board note relative to the Ford
Act “is not intended to give the Agency any new authority or responsibility to regulate concerning the standards set
forth in the Ford Act.” Marion Ridge Landfill requested that the Board alter the note by changing its restructure and
adding explanatory language.
The Board found that adding a reference to federally approved exceptions to the Ford Act location restriction would
add clarity to the description of the Ford Act requirements. In the adopted rules, the Board added language to the
Board note in Section 811.302(f).
Copies of the Board’s opinion and order in R04-5/15 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 Final Amendments in RCRA Subtitle C Update, USEPA Amendments (July 1, 2003 though
December 31, 2003) (R04-16)
On June 17, 2004, the Board adopted a final opinion and order in RCRA Subtitle C Update, USEPA Amendments
(July 1, 2003 through December 31, 2003) (R04-16). The rulemaking adopts amendments to the Illinois regulations
that are “identical in substance” to hazardous waste regulations adopted by the United States Environmental
Protection Agency (USEPA). The USEPA rules implement Subtitle C of the federal Resource Conservation and
Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921
et seq
. (2002)).
This docket includes federal hazardous waste amendments that USEPA adopted in the period July 1, 2003 through
December 31, 2003. The final amendments made no substantive changes to the proposal adopted by the Board on
April 1, 2004 that was published in the April 23, 2004 issue of the
Illinois Register
at 28 Ill. Reg. 6300 and 6313.
Environmental Register – June 2004
- 7 -
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, which ends on July 17, 2004.
The substantive amendments in this update deal with the USEPA action of July 30, 2003 (68 Fed. Reg. 44659)
related to the used oil management rule. USEPA stated that the amendments eliminated drafting errors and
ambiguities in the rule. The amendments reinstated three provisions adopted by a direct final rule adopted by
USEPA on May 6, 1998 (63 Fed. Reg. 24963), but withdrawn by USEPA on July 14, 1998 (63 Fed. Reg. 37780) in
response to adverse public comments. USEPA stated that the amendments clarify that 1) mixtures of used oil and
conditionally exempt small quantity generator waste are subject to the used oil management standards without
regard to how the mixture is to be recycled, and 2) the initial marketer of used oil that meets the used oil fuel
specification needs only to keep a record of the shipment to the facility to which the marketer delivers the used oil.
Persons interested in the details of the federal amendments should consult the July 30, 2003
Federal Register
notice.
The Board adopted the used oil management rules. The Board also made additional, nonsubstantive, amendments to
Part 721 and 739 regulations in this rulemaking to correct sections of the rules not affected by the underlying federal
amendments.
Copies of the Board’s opinion and order in R04-16 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 Actions
June 3, 2004
Via Videoconference
Springfield and Chicago, Illinois
Rulemakings
R04-11 In the Matter of: Proposed Site-Specific Rulemaking Ameren Energy Generating
Company Amending 35 Ill. Adm. Code 901 – The Board adopted a second
notice opinion and order to grant the requested site specific amendments to the
Board’s noise pollution control regulations. The Board also granted the Howard
Chinn's motion to file comments.
5-0
R, Noise
R04-22
R04-23
In the Matter of: Proposed Amendments to Regulation of Petroleum Leaking
Underground Storage Tanks (35 Ill. Adm. Code 732); In the Matter of Proposed
Amendments to Regulation of Petroleum Underground Storage Tanks (35 Ill.
Adm. Code 734) – The Board denied the Illinois Environmental Protection
Agency’s motions for adoption of emergency rules, finding there was no
emergency within the meaning of the Administrative Procedure Act. Hearings in
this docket will continue as scheduled beginning June 21, 2004.
5-0
R, Land
R04-26 In the Matter of: Interim Phosphorus Effluent Standard, Proposed 35 Ill. Adm.
Code 304.123(g-k) – The Board accepted for hearing the Illinois Environmental
Protection Agency’s May 14, 2004 proposal to amend the Board’s water
pollution control regulations.
5-0
R, Water
Environmental Register – June 2004
- 8 -
Adjusted Standards
AS 04-3 In the Matter of: Petition by Hayden Wrecking Corporation for an Adjusted
Standard from 35 Ill. Adm. Code Section 620.410(a) – The Board ordered
petitioner file an amended petition to cure deficiencies found in the original
petition.
5-0
Water
Administrative Citations
AC 04-4 IEPA v. Edward Sapp – In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Logan County
facility, the Board found respondent violated Section 21(p)(1) and (3) of the
Environmental Protection Act (415 ILCS 5/21(p)(1) and (3) (2002)) and ordered
respondent to pay a civil penalty of $3,000. The Board also granted the parties’
joint motion to dismiss respondent’s petition for review.
5-0
AC 04-51 IEPA v. Michael Moreton – The Board accepted for hearing respondent's
amended petition for review.
5-0
AC 04-58 IEPA v. Terry Wilkerson – The Board found that this Woodford County
respondent violated Section 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1),
(p)(7) (2002)), and ordered respondent to pay a civil penalty of $3,000.
5-0
AC 04-65 IEPA v. Knox County Landfill Committee and Greg Ingles – The Board found
that these Knox County respondents violated Section 21(o)(5) and (o)(12) of the
Act (415 ILCS 5/21(o)(5), (o)(12) (2002)), and ordered respondents to pay a
civil penalty of $1,000.
5-0
AC 04-66 IEPA v. Curry Ice & Coal of Springfield, Inc. and Curry Ready-Mix & Builder’s
Supply, Inc. – The Board found that these Sangamon County respondents
violated Section 21(p)(1) of the Environmental Protection Act (415 ILCS
5/21(p)(1) (2002)), and ordered respondents to pay a civil penalty of $1,500.
5-0
AC 04-67 City of Chicago Department of Environment v. Kenneth Harris (329 N. Pulaski
Road) – The Board found that this Cook County respondent violated Section
21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered
respondent to pay a civil penalty of $3,000.
5-0
AC 04-68 City of Chicago Department of Environment v. Kenneth Harris 4802 W. Chicago
Avenue) – The Board found that this Cook County respondent violated Section
21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2002)), and ordered
respondent to pay a civil penalty of $3,000.
5-0
Environmental Register – June 2004
- 9 -
AC 04-69 City of Chicago Department of Environment v. Kenneth Harris (4801 W.
Washington Avenue) – The Board found that this Cook County respondent
violated Section 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7)
(2002)), and ordered respondent to pay a civil penalty of $3,000.
5-0
AC 04-70 City of Chicago Department of Environment v. K. Harris Trucking & Excavating
Company (329 N. Pulaski Road) – The Board found that this Cook County
respondent violated Section 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1),
(p)(7) (2002)), and ordered respondent to pay a civil penalty of $3,000.
5-0
AC 04-71 City of Chicago Department of Environment v. K. Harris Trucking & Excavating
Company (4802 W. Chicago Avenue) – The Board found that this Cook County
respondent violated Section 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1),
(p)(7) (2002)), and ordered respondent to pay a civil penalty of $3,000.
5-0
AC 04-72 City of Chicago Department of Environment v. K. Harris Trucking & Excavating
Company (4801 W. Washington Avenue) – The Board found that this Cook
County respondent violated Section 21(p)(1) and (p)(7) of the Act (415 ILCS
5/21(p)(1), (p)(7) (2002)), and ordered respondent to pay a civil penalty of
$3,000.
5-0
AC 04-73 City of Chicago Department of Environment v. Zepeda Construction Services,
Inc. – The Board found that this Cook County respondent violated Section
21(p)(1), (p)(4), (p)(5), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(4),
(p)(5), and (p)(7) (2002)), and ordered respondent to pay a civil penalty of
$6,000.
5-0
AC 04-74 City of Chicago Department of Environment v. Samuel Zepeda, Sr. – The Board
found that this Cook County respondent violated Section 21(p)(1), (p)(4), (p)(5),
and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(4), (p)(5), and (p)(7) (2002)), and
ordered respondent to pay a civil penalty of $6,000.
5-0
Motions and Other Matters
PCB 02-3 People of the State of Illinois v. Chevron Environmental Services Company (as
successor to Texaco Refining & Marketing, Inc.) – The Board granted
complainant’s motion for leave to supplement the stipulation and proposal for
settlement.
5-0
L&W-E
PCB 04-98 People of the State of Illinois v. Aura II, Inc. – Upon receipt of two separate
proposed stipulation and settlement agreements and an agreed motion to request
relief from the hearing requirement in this air, land, and water enforcement
action involving a Lake County facility, the Board ordered publication of the
required newspaper notice.
5-0
A,L,W-E
PCB 04-100 People of the State of Illinois v. Marc Realty, Inc., 11 East Adams, L.L.C., and
5-0
Environmental Register – June 2004
- 10 -
Roberts Environmental Control, Inc. – Upon receipt of a proposed stipulation
and settlement agreement and an agreed motion to request relief from the hearing
requirement in this air enforcement action involving a Cook County facility, the
Board ordered publication of the required newspaper notice.
A-E
PCB 04-117 Saline County Landfill, Inc. v. IEPA and Saline County – The Board denied the
County of Saline’s motion for stay of the Board’s May 6, 2004 opinion and order
during the pendancy of appeal.
5-0
P-A, Land
PCB 04-144 Bryant Automotive 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.
5-0
UST Appeal
PCB 04-201 People of the State of Illinois v. Southern Illinois Power Cooperative – The
Board accepted for hearing this air enforcement action involving a site located in
Williamson County.
5-0
A-E
PCB 04-202 Auburn Realty 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.
5-0
UST Appeal
90-Day Ext.
PCB 04-203 2F, 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.
5-0
UST Appeal
90-Day Ext.
PCB 04-204 Daniel J. Beers v. Dave Calhone (Let It Shine Car Wash) – The Board held for a
later duplicative/frivolous determination this citizen’s noise enforcement action
involving a Tazewell County facility.
5-0
Citizens N-E
PCB 04-205 People of the State of Illinois v. All States Painting, Inc. – The Board accepted
for hearing this air and water enforcement action involving a site located in
Morgan County.
5-0
A&W-E
PCB 04-206 People of the State of Illinois v. Medical Waste Solutions, Inc. – Upon receipt of
a proposed stipulation and settlement agreement and an agreed motion to request
relief from the hearing requirement in this special waste hauling enforcement
action involving a Lake County facility, the Board ordered publication of the
required newspaper notice.
5-0
SWH-E
PCB 04-207 People of the State of Illinois v. Edward Pruim, an individual and Robert Pruim,
an individual – The Board accepted for hearing this land enforcement action
involving the Morris Community Landfill located in Grundy County.
5-0
L-E
Environmental Register – June 2004
- 11 -
PCB 04-208 Yesley Service 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
Randolph County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 04-209 Dimucci Development Corporation 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.
5-0
UST Appeal
90-Day
Ext.
PCB 04-210 Aylsworth 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
White County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 04-211 People of the State of Illinois v. Clinton Landfill, 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
Lake County facility, the Board ordered publication of the required newspaper
notice.
5-0
L-E
PCB 04-212 Grass Man Lawn Care (Property Identification Number 07-13-400-004-006) v.
IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified equipment of
Grass Man Lawn Care located in Monroe County are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2002)).
5-0
T-C
June 17, 2004
Chicago, Illinois
Rulemakings
R04-5
R04-15
Cons.
In the Matter of: RCRA Subtitle D (Municipal Solid Waste Landfill) Update,
USEPA Regulations (January 1, 2003 through June 30, 2003); In the Matter of:
RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA Regulations
(July 1, 2003 through December 31, 2003) – The Board adopted a final opinion
and order in these “identical-in-substance” rulemakings amending the Board’s
Municipal Solid Waste Landfill regulations.
5-0
R, Land
Environmental Register – June 2004
- 12 -
R04-16 In the Matter of: RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (July 1, 2003 through December 31, 2003) – The Board adopted a
final opinion and order in this “identical-in-substance” rulemaking amending the
Board’s hazardous waste regulations.
5-0
R, Land
Administrative Citations
AC 04-8 IEPA v. Roger Ray – In response to a joint stipulation and settlement agreement
in this administrative citation action involving a Moultrie County facility, the
Board found respondent violated Sections 21(p)(1) and (3) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) and (3) (2002)) and ordered respondent to
pay a civil penalty of $3,000. The Board also granted the parties’ joint motion to
dismiss respondent’s petition for review and the alleged violation of 415 ILCS
21(p)(7) (2002).
5-0
AC 04-18 IEPA v. Luther Coleman – The Board entered an interim opinion and order
finding respondent violated Sections 21(p)(1) and (7) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) and (7) (2002)) and assessing a penalty of
$3,000. The Board ordered the Clerk of the Board and the Illinois
Environmental Protection Agency to file by July 15, 2004 a statement of hearing
costs, supported by affidavit, with service on respondent.
5-0
AC 04-45 IEPA v. Herbert Lust – In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Piatt County facility,
the Board found respondent violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2002)) and ordered respondent to pay a
civil penalty of $1,500. The Board also granted the parties’ joint motion to
dismiss respondent’s petition for review and the alleged violation of 415 ILCS
21(p)(3) (2002).
5-0
AC 04-57 IEPA v. Arlyn Ray d/b/a Arlyn Ray Construction, Tom Romero d/b/a Arlyn Ray
Exteriors, Robert J. Adams and Rita M. Adams – The Board accepted for hearing
Romero’s petition for review of an administrative citation against this Woodford
County respondent. Complainant was directed to file the appropriate proof of
service for respondent Robert Adams on or before July 1, 2004. If proof of
service is not filed, the administrative citation against Robert Adams would be
subject to dismissal. The Board found Rita Adams and Arlyn Ray in violation of
Sections 21(p)(1), (3), (4) and (7) of the Act (415 ILCS 5/21(p)(1), (3), (4) and
(7) (2002)) for failing to file a petition for review within 35 days after being
served with the administrative citations. However, the Board will not issue a
final order regarding Rita Adams and Ray until determinations have been made
on Robert Adams and Romero.
5-0
Decisions
PCB 01-104 People of the State of Illinois v. City of Waukegan – In this water enforcement
action concerning a Lake 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,
5-0
W-E
Environmental Register – June 2004
- 13 -
and ordered the respondent to pay a total civil penalty of $25,000 and to cease
and desist from further violations.
Motions and Other Matters
PCB 03-88
PCB 04-109
R.W. Sheridan Oil Co., Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of these underground storage tank appeals involving a
McLean County facility.
5-0
UST Appeal
PCB 03-124 Consumers Illinois Water Company v. IEPA – The Board granted petitioner’s
motion to amend caption.
5-0
T-C- Appeal
PCB 03-211 Mark and Cynthia Heywood v. Dan and Darleen Sheehan – The Board granted
complainants’ motion for voluntary dismissal of this enforcement action
involving a Cook County facility.
5-0
Citizens
N-E
PCB 03-235 United Disposal of Bradley, Inc. and Municipal Trust & Savings Bank as Trustee
Under Trust 0799 v. IEPA – The Board affirmed the respondent’s May 15, 2003
denial of a permit modification requested by petitioner, granted the respondent’s
motion for summary judgment, and denied petitioners’ motion for summary
judgment.
4-0
Novak
abstained
P-A, Land
PCB 04-52 Kramer Service Station v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a
Vermillion County facility.
5-0
UST Appeal
PCB 04-81 People of the State of Illinois v. Emmett Utilities, Inc. and Russell D. Thorell
individually and as president of Emmett Utilities, Inc. – The Board denied
respondent Thorell’s motion to dismiss the complaint.
5-0
PWS-E
PCB 04-83 Wei Enterprises v. IEPA – The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a St. Clair County
facility.
5-0
UST Appeal
PCB 04-111 City of Charleston, Illinois v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this public water supply variance request involving a
Coles County facility.
5-0
PWS-V
PCB 04-132 Granite City Fire Department v. IEPA – Having previously granted a request for
a 90-day extension, the Board dismissed this matter because no underground
storage tank appeal was filed on behalf of this Madison County facility.
5-0
UST Appeal
PCB 04-140 People of the State of Illinois v. Whiteway Sanitation, Inc. – Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to request
5-0
Environmental Register – June 2004
- 14 -
relief from the hearing requirement in this land enforcement action involving a
Jersey County facility, the Board ordered publication of the required newspaper
notice.
L-E
PCB 04-141 Illinois State Toll Highway Authority (Lincoln South HPCAP/B) v. IEPA – The
Board granted petitioner’s motion to file an amended petition and accepted the
amended petition for hearing.
5-0
UST Appeal
PCB 04-142 People of the State of Illinois v. Village of Poplar Grove and R.H. Batterman &
Company, Inc. – Upon receipt of a proposed stipulation and settlement
agreement and an agreed motion to request relief from the hearing requirement in
this public water supply enforcement action involving a Boone County facility,
the Board ordered publication of the required newspaper notice.
5-0
PWS-E
PCB 04-147 Cooper Oil Company (October 1, 2001 to April 30, 2003) v. IEPA – Having
previously granted a request for a 90-day extension, the Board dismissed this
matter because no underground storage tank appeal was filed on behalf of this
Clay County facility.
5-0
UST Appeal
PCB 04-148 Illiopolis Grain Company v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Sangamon County facility.
5-0
UST Appeal
PCB 04-149 Hortense Singer v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a DuPage County facility.
5-0
UST Appeal
PCB 04-150 Pontiac Casey’s, 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 Livingston County facility.
5-0
UST Appeal
PCB 04-159 Biggs Brothers Service Center 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 St. Clair County facility.
5-0
UST Appeal
PCB 04-186 Waste Management of Illinois, Inc. v. County Board of Kankakee County –
Respondent’s motion for extension of time and for leave to file reduced number
of copies was referred to the hearing officer for disposition.
P-C-F-S-R
PCB 04-214 Conocophillips Company (Low Sulfur Gasoline Project – Wood River Refinery)
(Property Identification Number 19-1-08-35-00-000-001) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Conocophillips Company
located in Madison County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10
(2002)).
5-0
T-C
Environmental Register – June 2004
- 15 -
PCB 04-215 Commonwealth Edison Company v. IEPA – The Board accepted for hearing this
trade secret appeal. The Board also directed the parties to address whether this
appeal should be consolidated for purposes of hearing and decision with
Midwest Generation EME, L.L.C. v. IEPA, PCB 04-216.
5-0
T-S Appeal
PCB 04-216 Midwest Generation EME, L.L.C. v. IEPA – The Board accepted for hearing this
trade secret appeal. The Board also directed the parties to address whether this
appeal should be consolidated for purposes of hearing and decision with
Commonwealth Edison Company v. IEPA, PCB 04-215.
5-0
T-S Appeal
PCB 04-217 Telzrow 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
Calhoun County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 04-218 People of the State of Illinois v. Brickyard Disposal and Recycling, 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 Vermilion County facility, the Board ordered publication of the
required newspaper notice.
5-0
RCRA-E
PCB 04-219 Commonwealth Edison 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
LaSalle County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 04-220 Jim’s Mobil 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 Madison County
facility.
5-0
UST Appeal
90-Day
Ext.
PCB 04-221 Holland Energy, L.L.C.-Beecher City (Property Identification Numbers 0524-01-
00-100-004, 085-16-00-100-004, 085-16-00-300-002, 0825-16-00-300-003,
0825-16-00-200-002) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that
specified facilities of Holland Energy, L.L.C. located in Shelby County are
pollution control facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
5-0
T-C
PCB 04-222 Holland Energy, L.L.C.-Beecher City (Property Identification Numbers 0524-01-
00-100-004, 085-16-00-100-004, 085-16-00-300-002, 0825-16-00-300-003,
0825-16-00-200-002) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that
5-0
T-C
Environmental Register – June 2004
- 16 -
specified facilities of Holland Energy, L.L.C. located in Shelby County are
pollution control facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2002)).
New Cases
June 3, 2004 Board Meeting
04-201
People of the State of Illinois v. Southern Illinois Power Cooperative – The Board accepted for hearing this
air enforcement action involving a site located in Williamson County.
04-202
Auburn Realty 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.
04-203
2F, 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.
04-204
Daniel J. Beers v. Dave Calhone (Let It Shine Car Wash) – The Board held for a later duplicative/frivolous
determination this citizen’s noise enforcement action involving a Tazewell County facility.
04-205
People of the State of Illinois v. All States Painting, Inc. – The Board accepted for hearing this air and water
enforcement action involving a site located in Morgan County.
04-206
People of the State of Illinois v. Medical Waste Solutions, Inc. – Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from the hearing requirement in this special waste
hauling enforcement action involving a Lake County facility, the Board ordered publication of the required
newspaper notice.
04-207
People of the State of Illinois v. Edward Pruim, an individual and Robert Pruim, an individual – The Board
accepted for hearing this land enforcement action involving the Morris Community Landfill located in Grundy
County.
04-208
Yesley Service 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 Randolph County facility.
04-209
Dimucci Development Corporation 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.
04-210
Clark Oil Station #271 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 Madison County facility.
04-211
People of the State of Illinois v. Clinton Landfill, 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 Lake County facility, the Board ordered publication of the required newspaper notice.
04-212
Grass Man Lawn Care (Property Identification Number 07-13-400-004-006) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified
equipment of Grass Man Lawn Care located in Monroe County are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
AC 04-079
City of Chicago Department of Environment v. National Material Limited Partnership – The Board
accepted an administrative citation against this Cook County respondent.
AC 04-080
IEPA v. Joseph Luparell and Troy Curley – The Board accepted an administrative citation against these
Sangamon County respondents.
AC 04-081
IEPA v. Ralph and Lois Williams – The Board accepted an administrative citation against these Knox
County respondents.
Environmental Register – June 2004
- 17 -
June 17, 2004 Board Meeting
04-213
The Village of Lombard, Illinois v. Bill’s Auto Center, Bill’s Standard Service and William Kovar – The
Board held for a later duplicative/frivolous determination this citizen’s underground storage tank enforcement
action involving a DuPage County facility.
04-214
Conocophillips Company (Low Sulfur Gasoline Project – Wood River Refinery) (Property Identification
Number 19-1-08-35-00-000-001) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Conocophillips Company located in
Madison County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2002)).
04-215
Commonwealth Edison Company v. IEPA – The Board accepted for hearing this trade secret appeal. The
Board also directed the parties to address whether this appeal should be consolidated for purposes of hearing and
decision with Midwest Generation EME, L.L.C. v. IEPA, PCB 04-216.
04-216
Midwest Generation EME, L.L.C. v. IEPA – The Board accepted for hearing this trade secret appeal. The
Board also directed the parties to address whether this appeal should be consolidated for purposes of hearing and
decision with Commonwealth Edison Company v. IEPA, PCB 04-215.
04-217
Telzrow 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 Calhoun County facility.
04-218
People of the State of Illinois v. Brickyard Disposal and Recycling, 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 Vermilion County facility, the Board ordered publication of the required
newspaper notice.
04-219
Commonwealth Edison 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 LaSalle County facility.
04-220
Jim’s Mobil 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 Madison County facility.
04-221
Holland Energy, L.L.C.-Beecher City (Property Identification Numbers 0524-01-00-100-004, 085-16-00-
100-004, 085-16-00-300-002, 0825-16-00-300-003, 0825-16-00-200-002) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of
Holland Energy, L.L.C. located in Shelby County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
04-222
Holland Energy, L.L.C.-Beecher City (Property Identification Numbers 0524-01-00-100-004, 085-16-00-
100-004, 085-16-00-300-002, 0825-16-00-300-003, 0825-16-00-200-002) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of
Holland Energy, L.L.C. located in Shelby County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2002)).
AC 04-082
IEPA v. John Brown d/b/a John Brown Painting – The Board accepted an administrative citation against
this Massac County respondent.
AC 04-083
IEPA v. Giufree II, L.L.C. and Reload, Inc. – The Board accepted an administrative citation against
these Winnebago County respondents.
AC 04-084
IEPA v. City of Salem, Roger Kinney, Dick Brown and Jason Bruce - The Board accepted an
administrative citation against these Marion County respondents.
AC 04-085
IEPA v. Michael Lee Schenck - The Board accepted an administrative citation against this
Peoria County respondent.
AC 04-086
IEPA v. Bill Weis - The Board accepted an administrative citation against this St. Clair County
respondent.
AC 04-087
IEPA v. Herman Krohe - The Board accepted an administrative citation against this Cass County
respondent.
Environmental Register – June 2004
- 18 -
R05-001
RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA Amendments (January 1, 2004
through June 30, 2004) – 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, 2004 through June 30, 2004.
R05-002
RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (January 1, 2004 through June 30,
2004) - 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, 2004 through June 30, 2004.
R05-003
UST Update, USEPA Amendments (January 1, 2004 through June 30, 2004) - 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, 2004 through June 30, 2004.
R05-004
Wastewater Pretreatment Update, USEPA Amendments (January 1, 2004 through June 30, 2004) - 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, 2004 through June 30, 2004.
R05-005
Definition of VOM Update, USEPA Amendments (January 1, 2004 through June 30, 2004) - 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, 2004 through June 30, 2004.
R05-006
SDWA Update, USEPA Amendments (January 1, 2004 through June 30, 2004) - 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, 2004 through June 30, 2004.
Calendar
7/6/04
10:00AM
R04-22
R04-23
In the Matter of: Proposed Amendments to
Regulation of Petroleum Leaking Underground
Storage Tanks (35 Ill. Adm. Code 732)
(Consolidated: R04-22 and R04-23)
IEPA Office Building
Training Room, 1214 West
1021 North Grand Avenue East
North Entrance
Springfield
7/7/04
10:00AM
PCB 04-87
Knapp Oil Company (Amended High Priority
Corrective Action Plan Budget) v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/7/04
10:00AM
PCB 04-91
Thomeczek Oil Company v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/7/04
10:00AM
PCB 04-92
Sather Enterprises, Ltd. (High Priority Corrective
Action Plan Budget dated July 3, 2003) v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/7/04
10:00AM
PCB 04-99
Simpson Auto Service v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/8/04
10:00AM
PCB 04-87
Knapp Oil Company (Amended High Priority
Corrective Action Plan Budget) v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
Environmental Register – June 2004
- 19 -
7/8/04
10:00AM
PCB 04-91
Thomeczek Oil Company v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/8/04
10:00AM
PCB 04-92
Sather Enterprises, Ltd. (High Priority Corrective
Action Plan Budget dated July 3, 2003) v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/8/04
10:00AM
PCB 04-99
Simpson Auto Service v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/08/04
11:00AM
Illinois Pollution
Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
and
1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N
Springfield
7/9/04
10:00AM
PCB 04-87
Knapp Oil Company (Amended High Priority
Corrective Action Plan Budget) v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/9/04
10:00AM
PCB 04-91
Thomeczek Oil Company v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/9/04
10:00AM
PCB 04-92
Sather Enterprises, Ltd. (High Priority Corrective
Action Plan Budget dated July 3, 2003) v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/9/04
10:00AM
PCB 04-99
Simpson Auto Service v. IEPA
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East, North
Entrance
Springfield
7/22/04
Illinois Pollution
Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
and
1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N
Springfield
Environmental Register – June 2004
- 20 -
8/5/04
Illinois Pollution
Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
and
1021 N. Grand Avenue East
Oliver Holmes Conference Room 2012 N
Springfield
8/12/04
1:00PM
R04-25
In the Matter of: Proposed Amendments to Dissolved
Oxygen Standard 35 Ill. Adm. Code 302.206
Illinois Pollution Control Board Hearing
Room
1021 North Grand Avenue East
North Entrance
Springfield
8/19/04
Illinois Pollution
Control Board Meeting
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago
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,
2004.
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
list.
FACILITY NAME
RESPONSIBLE AUTHORITY
COUNTY
REMAINING
CAPACITY
Bonnie Brae Forest Manor SD
STP
Bonnie Brae Forest Manor SD Will 0
Environmental Register – June 2004
FACILITY NAME
RESPONSIBLE AUTHORITY
COUNTY
REMAINING
CAPACITY
- 21 -
Bourbonnais (Belle Aire Subd.) Village of Bourbonnais Kankakee 0
Camelot Utilities
Wastewater Collection System
Camelot Utilities Will 0
Camp Point
(a portion mh 60-68)
Village of Camp Point Adams 0
Clearview S.D. Clearview S.D. McLean 0
East Alton City of East Alton Madison 0
Farmington City of Farmington Fulton 0
Hurst & Blairville Collection
SYSTEM
City of Hurst Williamson 0
Lockport Heights SD STP City of Lockport Will 0
Maple Lawn Homes STP Maple Lawn Homes Woodford 0
Poplar Grove South STP Village of Poplar Grove Boone 0
Port Byron STP Village of Port Byron Rock Island 0
Rosewood Heights S.D.-
Ninth Street LS
Rosewood Heights S.D. Madison 0
Saint Elmo City of Saint Elmo Fayette 0
South Palos Twp. SD South Palos Twp. South Palos Twp. 0
Sundale Utilities – Washington Estates
STP
Sundale Utilities Corporation Tazewell 0
Taylorville-Shawnee Ave.
PUMP STATION
City of Taylorville Christian 0
Utilities Unlimited Utilities Unlimited Will 0
Washington (Rolling Meadows) City of Washington Tazewell 0
Deletions from previous quarterly report: Poplar Grove North
Additions from previous quarterly report: None
Environmental Register – June 2004
- 22 -
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, 2004.
Facility names followed by a double asterisk (**) are additions to the list.
FACILITY
NAME
RESPONSIBLE
AUTHORITY
COUNTY
REMAINING
CAPACITY
PE ADDED
SINCE
LAST LIST
Antioch STP Village of Antioch Lake 704 27
Beardstown SD City of Beardstown Cass 1,731
Benton-Southeast STP City of Benton Franklin 60 0
Bethalto (L.S. #1) Village of Bethalto Madison 87 0
Carrier Mills Village of Carrier Mills Saline 836 0
Carrollton City of Carrollton Greene 140 0
Citizens Utilities Co. of Ill.-
River Grange
Citizens Utilities Co.
of Ill.
Will 10 0
Dakota Village of Dakota Stephenson 90 0
Downers Grove S.D. Downers Grove S.D. DuPage 2,999 340
East Dundee STP Village of E. Dundee Kane 556 0
Elkville Village of Elkville Jackson 6 0
Ferson Creek Utilities Co. Utilities, Inc. Will 70 0
LCPWD-Diamond-
Sylvan STP
County of Lake Public
Works Department
Lake 0 0
Lake Barrington Home
Owners Assn. STP
Lake Barrington Home
Owners Assn.
Lake 80 0
Lindenhurst S.D. Village of Lindenhurst Lake 0 82
Lockport City of Lockport Will County 0 1883
Moline (North Slope) City of Moline Rock Island 1,151 0
Morris STP City of Morris Grundy 0 955
New Lenox STP 1** Village of New Lenox Will 1,890 150
Paris STP City of Paris Edgar 1300 91
Plainfield South STP Village of Plainfield Will 0 0
Rock Island (Main) City of Rock Island Rock Island 4,570 0
Streator City of Streator LaSalle/
Livingston
1,100 0
Thompsonville STP Village of Thompsonville Franklin 0 0
Wauconda – Remaining
Collection System
& Lakeview Villa LS
Village of Wauconda Lake *** 921
Wauconda WWTP Village of Wauconda Lake
Deletions from previous quarterly report: Plainfield STP
Environmental Register – June 2004
- 23 -
Additions from previous quarterly report: None
***Contact IEPA – Permit Section
------------------------------------------------CUT HERE------------------------------------------------
Environmental Register Comment Card
The Illinois Pollution Control Board is an independent five-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
contains
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
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
