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
After a voluntary pilot project introducing the option of electronic filing in
specific categories of cases, the Board earlier this year expanded that option
to all cases. Many parties have successfully used the electronic option to file
a wide range of documents.
Although paper filings still constitute a majority of our activity, we expect
more and more parties and other participants to avail themselves of
electronic filing. The Board is confident that if offers practical, financial,
and environmental benefits. I’ve listed below the steps leading you through
this simple process.
•
First, parties must obtain a State of Illinois digital ID issued free of
charge under the Electronic Commerce Security Act. These digital
IDs verify the identity of a document sender and secure electronic
transactions. Parties can obtain a certificate through
https://autora01.cmcf.state.il.us/. Once you have a digital ID, that ID can serve as your signature on
filings.
•
Second, from the Board’s Home Page click on the Clerk’s Office On-Line (COOL) hyperlink. You’ll then
see the hyperlink to “File A Document With The IPCB,” which is designed to lead you step-by-step
through the process.
•
Third, please note that petitions for a Site-Specific Regulation, Variance, Permit Appeal, UST Appeal,
Review of Pollution Control Facility Siting Decision, or Adjusted Standard require payment in advance of
a filing fee with a major credit or debit card for initial filings. This payment will generate a unique
Transaction ID/Authorization Code, which remains active until the filing is successfully executed.
•
Fourth, you may wish to limit electronic filing to documents smaller than 20 MB, or approximately 100
pages of plain text. Features such as tables or graphics may dramatically increase file sizes. Also, please
note that one filing may consist of multiple electronic documents (e.g., the text of a petition or motion and
any attachments).
•
Last, when your document is successfully received, you will receive by e-mail an automatic electronic
confirmation. If for some reason your document does not successfully transmit, your ID/code pair will
remain active until your document is successfully received.
The Illinois Pollution Control Board strives to use technology to increase the public’s knowledge of environmental
laws and encourage public participation in the Board’s activities. For some time now, our Clerk’s Office On-Line
(COOL) has supplied information about cases and rulemaking procedures.
The Board strives to use technology to increase the public’s knowledge of environmental laws and encourage public
participation in the Board’s activities. We encourage all parties and other participants to use this electronic filing
option. If you have questions or require technical assistance, please contact John Therriault in our Clerk's office at
(312) 814-3629.
Sincerely,
J. Philip Novak
Chairman
Environmental Register – September 2005
1
Inside This Issue:
FEDERAL UPDATE
P. 1
RULE UPDATE
P. 5
BOARD ACTIONS
P. 10
NEW CASES
P. 16
BOARD CALENDAR
P. 17
Federal Update
United States Environmental Protection Agency Approves Illinois’ Request to Redesignate the Lake Calumet
PM-10 Nonattainment Area to Attainment Under the Clean Air Act
On September 22, 2005, the United States Environmental Protection Agency (USEPA) redesignated the Lake
Calumet nonattainment area to attainment with National Ambient Air Quality Standards (NAAQS) for particulate
matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10). USEPA also
approved the maintenance plan as a revision to the PM-10 State Implementation Plan (SIP) for this area. In taking
this action, USEPA adopted a direct final rule, and an identical proposed rule, in response to the State of Illinois'
August 2, 2005 request, supplemented on September 8, 2005. See (70 Fed. Reg. 55545 (direct final rule) and 55611
proposed rule).
Background on PM-10 Standard, the Redesignation Process, and SIP Requirements
standard, the designation and redesignation, and SIP
requirements to aid in the understanding of this USEPA redesignation and that reported in the immediately
following story. On July 1, 1987 (52 FR 24634), USEPA revised the NAAQS for particulate matter with the PM-10
indicator. The 24-hour primary PM-10 standard is 150 micrograms per cubic meter (μg/m
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Environmental Register – September 2005
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1. The area has attained the applicable NAAQS;
2. The area has a fully approved SIP under section 110(k) of the CAA;
3. The air quality improvement must be permanent and enforceable;
4. The area has met all relevant requirements under section 110 and Part D of the CAA;
5. The area must have a fully approved maintenance plan pursuant to section 175A of the CAA.
A state must demonstrate that an area has attained the PM-10 NAAQS through submittal of ambient air quality data
from an ambient air monitoring network representing peak PM-10 concentrations. The data, which must be quality
assured and recorded in the Aerometric Information Retrieval System (AIRS), must show that the average annual
number of expected exceedances for the area is less than or equal to 1.0, pursuant to 40 CFR section 50.6. The data
must represent the most recent three consecutive years of complete ambient air quality monitoring data collected in
accordance with USEPA methodologies.
To be redesignated to attainment, section 107(d)(3)(E) requires that an area must have met all applicable
requirements of section 110 and of part D of the CAA. The State must be able to reasonably attribute the
improvement in air quality to permanent and enforceable emission reductions. In making this showing, the State
must demonstrate that air quality improvements are the result of actual, enforceable emission reductions. The
USEPA interprets this to mean that for a redesignation request to be approved, the State must have met all
requirements that applied to the subject area prior to or at the time of a complete redesignation request. For
purposes of redesignation, the Illinois SIP was reviewed by USEPA to ensure that all applicable requirements under
the amended CAA were satisfied.
Section 175A of the CAA requires states that submit a redesignation request for a nonattainment area under section
107(d) to include a maintenance plan to ensure that the attainment of NAAQS for any pollutant is maintained. The
plan must demonstrate continued attainment of the applicable NAAQS for at least ten years after the approval of a
redesignation to attainment. Eight years after the redesignation, the State must submit a revised maintenance plan
demonstrating attainment for the ten years following the initial ten-year period. The basic components needed to
ensure proper maintenance of the NAAQS are: attainment inventory, maintenance demonstration, verification of
continued attainment, commitment to maintain the ambient air monitoring network, and a contingency plan.
The Illinois Redesignation Request
Prior to submitting its Lake Calumet redesignation request to USEPA, the Illinois Environmental Protection Agency
(IEPA) held a public hearing on July 27, 2005 on the submission. IEPA did not receive any adverse comments
during the public hearing or the 30-day comment period.
IEPA stated that it believes that the Lake Calumet PM-10 nonattainment area is eligible for redesignation because
USEPA has approved the PM-10 SIP for this area and monitoring data demonstrated that this area has been
attaining the PM-10 NAAQS since 1993. The IEPA’s redesignation request contains text describing how the
statutory requirements were met and consists primarily of a maintenance plan and air quality monitoring data for the
area.
The Cook County Department of Environmental Control currently operates two PM-10 monitoring sites in the Lake
Calumet nonattainment area under agreement with IEPA. IEPA submitted ambient air quality data and supporting
documentation from each monitoring site for the 2001-2003 period demonstrating that the area has attained the PM-
10 NAAQS. This air quality data was quality assured and placed in AIRS. There were no exceedances of the 24-
hour or annual PM-10 NAAQS recorded at these monitors during this time period. Therefore, the USEPA
determined that Illinois has adequately demonstrated, through ambient air quality data, that the PM-10 NAAQS has
been attained in the Lake Calumet area, with 2003 as the attainment year.
More specifically, as discussed in the IEPA request, PM-10 emission reductions occurred in the Lake Calumet area
for the years 1993-2003. PM-10 emissions dropped significantly in the area in 1994 as a result of the control
Environmental Register – September 2005
3
measures included in the PM-10 SIP approved by USEPA in 1999. USEPA concluded that IEPA had adequately
demonstrated in its submittal that the improvement in air quality was due to permanent and enforceable emission
reductions of over 1500 tons per year of PM-10 in Lake Calumet as a result of implementing the federally
enforceable control measures in the SIP. Additionally, USEPA approved the Lake Calumet maintenance plans as
submitted by IEPA.
The direct final rule is effective on November 21, 2005, unless USEPA receives adverse written comments by
October 24, 2005. If USEPA receives adverse comment, it will publish a timely withdrawal of the rule in the
Federal Register
and inform the public that the rule will not take effect. USEPA will then continue with the
proposed rulemaking.
Submit comments, identified by Regional Material in EDocket (RME) ID No. R05-OAR-2005-IL-0002, by one of
the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov</A>. Follow the on-line instructions for submitting
comments.
(2) Agency Web site: http://docket.epa.gov/rmepub. USEPA's electronic public docket and comments system is
USEPA's preferred method for receiving comments. Follow the on-line instructions for submitting comments.
(3) E-mail: mooney.john@epa.gov.
(4) Fax: (312) 886-5824.
(5) Mail: You may send written comments to: John M. Mooney, Chief, Criteria Pollutant Section, (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
6) Hand delivery: Deliver your comments to: John M. Mooney, Chief, Criteria Pollutant Section (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 AM to 4:30 PM excluding Federal holidays.
For further information contact Christos Panos, Environmental Engineer, Criteria Pollutant Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604, (312) 353-8328. panos.christos@epa.gov.
United States Environmental Protection Agency Approves Illinois’ Request to Redesignate the Lyons
Township PM-10 Nonattainment Area to Attainment Under the Clean Air Act
On September 22, 2005, the United States Environmental Protection Agency (USEPA) redesignated the Lyons
Township (McCook) nonattainment area to attainment with the National Ambient Air Quality Standards (NAAQS)
for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10).
USEPA also approved the maintenance plan as a revision to the PM-10 State Implementation Plan (SIP) for this
area. In taking this action, USEPA adopted a direct final rule, and an identical proposed rule, in response to the
State of Illinois' August 2, 2005 request, supplemented on September 8, 2005. See (70 Fed. Reg. 55541 (direct final
rule) and 70 Fed. Reg. 55610 (proposed rule)).
Background concerning the PM-10 standard, the designation and redesignation, and SIP requirements given in the
preceding story about USEPA redesignation of the Lake Calument area will not be repeated here. Prior to
submitting its Lyons Township redesignation request to USEPA, the Illinois Environmental Protection
Agency(IEPA) held a public hearing on June 21, 2005 on the submission. IEPA did not receive any adverse
comments during the public hearing or the 30-day comment period. IEPA stated in its submission to USEPA that
the Lyons Township PM-10 nonattainment area is eligible for redesignation because USEPA has approved the PM-
10 SIP for this area and monitoring data demonstrate that this area has been attaining the PM-10 NAAQS since
1995. The State did not receive any adverse comments during the public hearing or the 30-day comment period.
Environmental Register – September 2005
4
The redesignation request contains text describing how the statutory requirements were met and consists primarily
of a maintenance plan and air quality monitoring data for the area.
The Cook County Department of Environmental Control currently operates two PM-10 monitoring sites in the
Lyons Township nonattainment area under agreement with IEPA. IEPA submitted ambient air quality data and
supporting documentation from each monitoring site for the 2001-2003 period demonstrating that the area has
attained the PM-10 NAAQS. This air quality data was quality assured and placed in AIRS. There were no
exceedances of the 24-hour or annual PM-10 NAAQS recorded at these monitors during this time period.
Therefore, the USEPA determined that Illinois has adequately demonstrated, through ambient air quality data, that
the PM-10 NAAQS has been attained in Lyons Township, with 2003 as the attainment year.
More specifically, as discussed in the IEPA request, PM-10 emission reductions occurred in the Lyons Township
area for the years 1993-2003. PM-10 emissions dropped significantly in the area in 1994 as a result of the control
measures included in the PM-10 SIP approved by USEPA in 1998. USEPA concluded that IEPA had adequately
demonstrated in its submittal that the improvement in air quality was due to permanent and enforceable emission
reductions of over 1500 tons per year of PM-10 in the Lyons Township area as a result of implementing the
federally enforceable control measures in the SIP. Additionally, USEPA approved the Lyons Township area
maintenance plan.
USEPA’s direct final rule is effective on November 21, 2005, unless USEPA receives adverse written comments by
October 24, 2005. If USEPA receives adverse comment, it will publish a timely withdrawal of the rule in the
Federal Register
and inform the public that the rule will not take effect. USEPA will then continue with the
proposed rulemaking.
Submit comments, identified by Regional Material in EDocket (RME) ID No. R05-OAR-2005-IL-0002, by one of
the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov</A>. Follow the on-line instructions for submitting
comments.
(2) Agency Web site: http://docket.epa.gov/rmepub. USEPA's electronic public docket and comments system is
USEPA's preferred method for receiving comments. Follow the on-line instructions for submitting comments.
(3) E-mail: mooney.john@epa.gov.
4) Fax: (312) 886-5824.
(5) Mail: You may send written comments to: John M. Mooney, Chief, Criteria Pollutant Section, (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
(6) Hand delivery: Deliver your comments to: John M. Mooney, Chief, Criteria Pollutant Section (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 AM to 4:30 PM excluding Federal holidays.
For further information contact Christos Panos, Environmental Engineer, Criteria Pollutant Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604, (312) 353-8328. panos.christos@epa.gov.
Environmental Register – September 2005
5
Rule Update
Board Dismisses 4 Identical in Substance Rulemaking Dockets As Unnecessary: UST Update, USEPA
Regulations (January 1, 2005 through June 30, 2005), R06-1; Wastewater Pretreatment Update, USEPA
Regulations (January 1, 2005 through June 30, 2005), R06-2; Definition of VOM Update, USEPA
Regulations (January 1, 2005 through June 30, 2005), R06-3; SDWA Update, USEPA Regulations (January
1, 2005 through June 30, 2005), R06-4
Every six months the Board reserves a series of dockets, for adoption of Board rules, to accommodate any rules
adopted by the United States Environmental Protection Agency (USEPA) to implement various programs. On
September 1, 2005, the Board dismissed as unnecessary four dockets reserved to consider rules adopted by USEPA
during the period January 1, 2005 through June 30, 2005. In each of the three program areas described below,
USEPA adopted no rules during the update period.
UST Program (R06-1)
. Section 22.4(d) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(d) (2004))
requires the Board to adopt regulations which are “identical in substance,” as defined at Section 7.2 of the Act (415
ILCS 5/7.2 (2004)), to underground storage tank (UST) regulations promulgated by the USEPA pursuant to Section
9003 of the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. § 6991b
(2003), to implement Subtitle I of RCRA (42 U.S.C. §§ 6991
et seq
. (2003)), with certain limitations. USEPA has
codified its UST regulations at 40 C.F.R. 281 through 283.
Wastewater Pretreatment (R06-02)
. Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS
5/7.2 and 13.3 (2004)), require the Board to adopt regulations that are “identical in substance” to regulations of the
United States Environmental Protection Agency (USEPA). 415 ILCS 5/7.2 (2004). Specifically, Section 13.3
relates to wastewater pretreatment regulations that the USEPA adopted to implement 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) (2003)). USEPA has codified the federal wastewater pretreatment rules as 40 C.F.R. 400
through 499.
Definition of VOM (R06-3)
. Sections 7.2 and 9.1(e) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(e)
(2004)) requires the Board to adopt regulations that are “identical in substance” to regulations of the United States
Environmental Protection Agency (USEPA). 415 ILCS 5/7.2 (2004). Specifically, Section 9.1(e) of the Act (415
ILCS 5/9.1(e) (2004)) relates to the definition of “volatile organic material” (VOM) and those compounds that
USEPA has found to be exempted from regulation under state implementation plans for ozone due to negligible
photochemical reactivity. USEPA has codified these exemptions as part of its definitions at 40 C.F.R. 51.100(s).
SDWA Update (R0-6-4).
Section 17.5 of the Environmental Protection Act (415 ILCS 5/17.5 (1998)) requires the
Board to adopt regulations that are “identical in substance,” as defined at Section 7.2 of the Act, to the National
Primary Drinking Water regulations (NPDWRs) adopted by the United States Environmental Protection Agency
(USEPA). These regulations implement sections 1412(b), 1414(c), 1417(a), and 1445(a) of the Safe Drinking Water
Act (SDWA), 42 U.S.C. §§ 300g-1(b), 300g-3(c), 300g-6(a) & 300j-4(a) (1998). USEPA has codified its SDWA
regulations at 40 C.F.R. 141 through 143
Copies of the Board’s separate dismissal orders in R06-1, R06-2, R06-3, and R06-4 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 Mike McCambridge at 312/814-6924; e-mail address:
mccambm@ipcb.state.il.us.
Board Accepts Proposal for Hearing in Proposed Site-Specific Perlite Waste Disposal Regulations Applicable
to Silbrico Corporation (35 Ill. Adm. Code Part 810) R06-8
On September 1, 2005, the Board accepted a proposal for hearing for a site-specific rulemaking filed by the Silbrico
Corporation (Silbrico). The proposal, filed on July 19, 2005, seeks to amend the Board’s solid waste disposal
regulations.
Environmental Register – September 2005
6
Silbrico, located in Hodgkins, Cook County, has proposed a site-specific rule for what it characterizes as
nonhazardous, inert waste generated at its manufacturing facility. Silbrico’s proposed rule would allow it to dispose
of this waste in a “clean fill construction and demolition debris” facility. Silbrico manufactures products using
perlite, a volcanic rock that expands up to 20 times in size when heated. In its petition for rulemaking, Silbrico
asserted that due to the inert and nonhazardous characteristics of the off-specification perlite and the fugitive perlite
(collectively waste perlite), it seeks to dispose of these wastes at a “clean fill” facility that accepts only clean
construction and demolition debris. Silbrico asserted that allowing the disposal of the waste perlite at a “clean fill”
facility would save valuable space in municipal waste landfills and result in significant cost savings, while posing
no environmental violation or threat.
Silbrico stated that perlite is a naturally occurring rock and that the expansion product does not add any chemical or
constituents to the rock, and that the Illinois Environmental Protection Agency (IEPA) has already determined that
the waste perlite is not a treat to human health or the environment when landfilled in a nonhazardous waste landfill.
Silbrico also asserted that the benefits of disposal in a “clean fill” facility include conservation of valuable space in
nonhazardous waste landfill, flexibility in arranging for disposal sites, reduced trucking distances, reduced chances
of traffic accident and less air pollution based on fewer miles traveled. Additionally, Silbrico estimated that it
would see a cost savings of at least $20,000 to $25,000 per year if a site-specific rule is adopted. Silbrico contended
that the benefits coupled with the fact that disposal in a “clean fill” facility has no environmental impact and poses
no threat to human health or safety, supports the grant of the requested rule.
Simultaneously with its rulemaking petition, Silbrico also filed a petition for variance to allow it to dispose of perlite
waste in a “clean fill” facility during the pendancy of this rulemaking. See Silbrico Corporation v. IEPA, PCB 6-11
(September 1, 2005 order requesting additional information).
The Board is in the process of scheduling a hearing in this rulemaking.
Copies of the Board’s opinion and order in R06-8 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 John Knittle at 217/278-3111; e-mail address: knittlej@ipcb.state.il.us.
Board Adopts Second Notice Proposal in Interim Phosphorus Effluent Standard, Proposed 35 Ill. Adm. Code
304.123 (g-k) (R04-26)
On September 15, 2005, the Board adopted a second notice opinion and order in Interim Phosphorous Standards,
Proposed 35 Ill. Adm. Code 304.123 (g-k) (R04-26). The rulemaking proposes to limit effluent levels of
phosphorus from new or expanded discharges from treatment works facilities. The proposal will set an interim
phosphorus limit while the Illinois Environmental Protection Agency (IEPA) develops final State numeric nutrient
standards. The Board has sent the rulemaking, pursuant to the Illinois Administrative Procedure Act (5 ILCS 100/1-
1
et seq.
(2004)), to the Joint Committee on Administrative Rules (JCAR) for its review and approval.
The proposal was filed by the IEPA May 14, 2004. The Board held public hearings on the IEPA proposal in August
and October of 2004. The Board issued its first notice proposal on April 7, 2005 for the purpose of accepting
additional comments.
The Board’s Proposal At Second Notice
In its second notice order, the Board made one substantive change in response to public comments received during
the first notice period. (This is explained in more detail in the discussion of the public comments received.) The
Board proposed a new subsection (k) that will specify that the averaging rules of Section 304.104 do not apply to
permit limits established by the phosphorus effluent standards. The balance of the proposal remains substantively
unchanged.
Environmental Register – September 2005
7
The proposal would add 5 new subsections (g-k) to existing Section 304.123. The amendments propose a monthly
average limit of 1 mg/L for total phosphorus for any new or expanded discharges into general use waters.
This proposed phosphorus limit would apply only to discharges from treatment works with a design average flow of
1.0 million gallons per day or more receiving primarily municipal or domestic wastewater; or any treatment works,
other than those treatments that are primarily municipal or domestic wastewater, with a total phosphorus effluent
load of 25 pounds per day or more. Dischargers may be exempt from the permit limits if they can demonstrate that
phosphorus from their treatment works is not the limiting nutrient in the receiving water. The amendments propose
allowing the IEPA to impose alternative phosphorus effluent limits where the supporting information shows that
alternative limits are warranted by the aquatic environment in the receiving stream.
Public Comments Received at First Notice
The Board received comments from the Environmental Law & Policy Center, Prairie Rivers Network, and Sierra
Club (ELPC), the IEPA, and the Illinois Association of Wastewater Agencies (IAWA).
The IAWA stated that it continues to oppose the proposed amendments on the grounds that: the proposal is
scientifically insufficiently supported, there is little evidence in the record of this rulemaking that phosphorus is
capable of causing widespread pollution problems, and the economic impact of adding phosphorus controls would
be overly burdensome for wastewater treatment facilities. IAWA believes there is little evidence that promulgation
of a phosphorous standard would impact eutrophication in Illinois streams, noting that agricultural sources are
another, unregulated source of phosphorus. IAWA did request that if the Board should adopt a phosphorous
standard, that the standard be exempted from the averaging rules found at 35 Ill. Adm. Code 304.104.
ELPC pointed out in its comments that the figures provided by the IAWA were for the present value of the total
costs of 20 years of construction and operation of the phosphorus removal equipment. The ELPC contended no
one has denied that phosphorus removal is likely to be required well within the 20 year period, and that even if
phosphorus removal were not already required by the antidegradation rules, the effect of this rulemaking would be
to advance the installation of phosphorus removal equipment at a few plants by a few years and to encourage some
municipalities to explore land treatment or other non-discharge methods. Additionally, the ELPC stated that even
the studies cited by the IAWA seem to indicate that the costs per person can vary greatly, and that these costs fall
rapidly with an increase in the scale of the facility. The ELPC commented that the net effect of the adoption of this
rulemaking would be to reduce the number of permit disputes and the number of appeals that result from permit
disputes.
The IEPA stated that it feels that the record in this rulemaking contains abundant discussion on issues related to
need to control phosphorus loading in Illinois streams, and the availability of technically feasible and economically
reasonable phosphorus controls. On the cost issues raised by the IAWA the IEPA replied that it is unreasonable to
extrapolate costs from a few, specific projects (in the case of IAWA, the Village of Beecher and the City of
McHenry) to form a statewide view of costs because: (1) the costs are based on a strictly chemical phosphorus
removal (CPR) or biological phosphorus removal technology (BPR) method and the general trend in the industry is
to remove most of the phosphorus with BPR methods and any remaining phosphorus with CPR at a minimum
costs; (2) the 20% increase in sludge production cited by the IAWA is excessive, and generally 5 to 10 percent is
considered a good number, especially with BPR and CPR are used in combination; (3) the cost of $288,000 for a
chemical feed building may be reasonable for the Village of Beecher, but in most cases the chemical feed may fit
into an existing building or a proposed building may be expanded for a more reasonable cost; and (4) many plants
built or modified in the last few years considered the possibility of phosphorus removal in the planning phase of the
treatment plant and removal at such plants can be accomplished with minimal additional facilities at a modest cost.
Both the ELPC and the IEPA agreed that the Board should exempt the phosphorous standard from the averaging
rules found at 35 Ill. Adm. Code 304.104.
As all commenters agreed on the averaging rule exemption issue, the Board did make the requested change from the
rule as published at first notice. The Board found that an exemption of the proposed phosphorus standard from the
Board’s averaging rules found at 35 Ill. Adm. Code 304.104 would not interfere with the stated objective of the
proposal to reduce net loading of phosphorus from certain major sources into waters of the state. Exempting the
Environmental Register – September 2005
8
phosphorus effluent standard from the averaging rule will in no way change the proposed monthly average limit of
1 mg/L. Therefore, the Board proposed a new subsection (k) at second notice that will specify that the averaging
rules of Section 304.104 do not apply to permit limits established by the phosphorous effluent standards.
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.
For additional information contact John Knittle at 217/278-3111; e-mail address: knittlej@ipcb.state.il.us.
Board Adopts First Notice Proposal in Proposed Amendments to Exemptions from State Permitting
Requirements (35 Ill. Adm. Code 201.146) (R05-19)
On September 15, 2005, the Board adopted a first notice opinion and order in Proposed Amendments to Exemptions
from State Permitting Requirements (35 Ill. Adm. Code 201.146) (R05-19). The proposal seeks to amend the
Board’s air permit regulations by adding four categories to the existing list of exemptions from state air permit
requirements in Section 201.146. The amendments were published in the
Illinois Register
on October 7, 2005 at 29
Ill. Reg. 14738. The Board will accept additional public comments through November 21, 2005.
The Board’s proposal is based on the February 22, 2005 joint proposal filed by the Illinois Environmental
Protection Agency (IEPA) and Illinois Environmental Regulatory Group (IERG). The proponents stated that the
purpose of this rulemaking is to eliminate permitting delays for minor projects having little environmental or
regulatory impact. The Board held hearings on this proposal on April 12, 2005 in Chicago and on June 14, 2005 in
Springfield.
The Board found the proposed amendments technically feasible and economically reasonable for both the source as
well as the State. The Board commented that, because of the existing 59 categorical exemptions, the IEPA already
has some procedures for determining compliance with permit exemptions. The proposed exemptions do not require
any specific recordkeeping for inspectors to verify that the facility is exempt. However, each owner or operator has
the responsibility and the risk for inaccurate determinations. This assumption of responsibility is the same as what
is currently required for existing permit exemptions under Section 201.146.
The Board additionally noted that it was simultaneously adopting for first notice another proposal that amends
Section 201.146: Proposed Amendments to Exemptions from State Permitting Requirements for Plastic Injection
Molding Operations (35 Ill. Adm. Code 201.146), R05-20 (Sept. 15, 2005).
The Board’s first notice proposal in R05-20 would add four categories to the existing list of exemptions from state
air permit requirements in Section 201.146.
The four proposed exemptions are as follows:
Exemption for replacing or adding air pollution control equipment at existing emission units. The proposed
exemption would only apply to existing units, which are permitted and have operated in compliance for the past
year. The new pollution control equipment must maintain or improve air pollution control over the prior levels of
target pollutants, and not result in a net increase in emissions of any collateral pollutant. This exemption would not
apply if the installation or operation of the new or replacement pollution controls would trigger or change
applicability of different regulatory requirements. Finally, required monitoring equipment must be carried over to
the replacement control device and must incorporate current technology.
Exemption for sources with federally enforceable state operating permits (FESOP) having a low potential to emit.
This provision would affect some projects at FESOP sources that do not fit under any of the existing listed
exemptions under Section 201.146 and that are still insignificant from a permitting standpoint. Under this second
exemption, permits would be unnecessary for projects at minor FESOP sources with a low potential to emit (less
than 0.1 pound per hour or 0.44 tons per year) any regulated air pollutant absent air pollution equipment from the
new or modified unit that have no outstanding compliance or enforcement issues. Also, raw materials and fuels that
Environmental Register – September 2005
9
cause or contribute to emissions must not contain a hazardous air pollutant equal to or greater than 0.01 percent by
weight. This exemption is not available to a source that must meet New Source Performance Standards and New
Source Review requirements under the Clean Air Act or if outstanding compliance or enforcement issues exist.
Exemption for minor sources that are not subject to the Clean Air Act Permit Program (CAAPP)or FESOP
requirements. This third exemption would be limited to sources with the low potential to emit any regulated air
pollutant absent air pollution equipment from the new or modified unit that have no outstanding compliance or
enforcement issues. This exemption would be available for minor sources that have a slightly greater potential to
emit (up to 0.5 pounds per hour), so long as the facility notifies the IEPA of its intent to construct or install a new
emissions unit or modification. Only after notification can the facility begin construction, installation, or
modification. This provision would require permitting if the additional emissions from the project could change the
sources’ status with respect to its potential to emit. This exemption is also not available to a source that must meet
New Source Performance Standards and New Source Review requirements under the Clean Air Act.
Insignificant activities exemption. The proposal would create a list of permit exempt insignificant activities similar
to those for Clean Air Act Permit Program sources. See 35 Ill. Adm. Code 201.210 through 210.211. Owners or
operators must notify the IEPA when they add insignificant activities. Facilities must still comply with otherwise
applicable emission standards or other regulatory requirements.
The Board does not presently intend to hold additional hearings.
Copies of the Board’s opinion and order in R05-19 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 Amy Antoniolli at 312/814-3665; e-mail address: antonioa@ipcb.state.il.us .
Board Adopts First Notice Proposal in Proposed Amendments to Exemptions from State Permitting
Requirements for Plastic Injection Molding Operations (35 Ill. Adm. Code 201.146) (R05-20)
On September 15, 2005, the Board adopted a first notice opinion and order in Proposed Amendments to Exemptions
from State Permitting Requirements for Plastic Injection Molding Operations (35 Ill. Adm. Code 201.146) (R05-
20). The proposal seeks to amend the Board’s air regulations by adding an additional category for plastic injection
molding (PIM) operations to the listing of exemptions found at 35 Ill. Adm. Code 201.146. The proposed
amendments are scheduled to be published in the
Illinois Register
on October 14, 2005. The Board will accept
additional public comments through November 28, 2005.
The Board’s first notice proposal is based on an April 19, 2005 proposal filed by the Chemical Industry Council of
Illinois (CICI). CICI’s stated purpose for the rulemaking is to eliminate the burden of state construction and
operating permitting of low emitting emission units and activities for both the Illinois Environmental Protection
Agency (IEPA) and owners and operators of PIM operations. The Board held two hearings on CICI’s proposal, on
July 1, 2005 in Chicago and on July 15, 2005 in Springfield.
Section 201.146 contains a list of 59 exemptions based on categories of emission units and activities that area
commonly known as “categorical exemptions.” PIM operations emit volatile organic material. The proposed
amendment would include PIM operations in the categories of emissions units exempt from state air permitting
requirements. The Board found the proposed amendment technically feasible and economically reasonable for both
the impacted sources as well as the State. The Board also found that the proposed exemption would not negatively
impact the environment because it allows only a negligible increase in emissions. The Board noted that it was
simultaneously adopting for first notice another proposal that amends Section 201.146: Proposed Amendments to
Exemptions from State Permitting Requirements (35 Ill. Adm. Code 201.146), R05-19 (Sept. 15, 2005).
According to the CICI, the proposed exemption to Section 201.146 of the Board’s regulations for PIM operations is
justified based on the low emissions generated by these emission sources both individually and in the aggregate
Environmental Register – September 2005
10
statewide. In support of this rule, the IEPA states that the proposed exemption does not threaten the public health or
welfare.
CICI stated the intent of this rulemaking is to clarify any confusion as to whether the existing exemption for plastic
extruder operations also applies to PIM operations (35 Ill. Adm. Code 201.146(cc)). CICI also expected the
proposed exemption will achieve efficiencies and cost savings for plastic injection molding operations as well as the
State of Illinois.
The IEPA stated that CICI’s proposed rule language does not pose any issues with respect to technical feasibility.
Rather, the proposed exemption may help focus attention on the more “important emission units.” The IEPA
testified that there are some sources such as PIM operations that are such small emission sources they are not worth
pursuing from a state enforcement standpoint. Further, emissions at any source can add up quantitatively and are
not shielded from federal regulatory oversight.
The IEPA stated that the proposal will reduce costs for owners and operators of PIM facilities because many
sources will not have to collect the data, prepare permit applications, and submit permit fees necessary to obtain a
state permit. IEPA will not be negatively affected by the loss of permit fees; any fee losses will be offset by permit
application review resources saved.
The Board does not presently intend to hold additional hearings.
Copies of the Board’s opinion and order in R05-20 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 Amy Antoniolli at 312/814-3665; e-mail address: antonioa@ipcb.state.il.us.
Board Actions
September 1, 2005
Via Videoconference
Chicago and Springfield, Illinois
Rulemakings
R06-1 In the Matter of: UST Update, USEPA Regulations (January 1, 2005 through
June 30, 2005) – The Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did not amend its
exemptions from the definition of underground storage tank during the update
period of January 1, 2005 through June 30, 2005.
5-0
R, Land
R06-2 In the Matter of: Wastewater Pretreatment Update, USEPA Amendments
(January 1, 2005 through June 30, 2005) – The Board dismissed this reserved
identical-in-substance docket because the United States Environmental
Protection Agency did not amend its wastewater pretreatment regulations during
the update period of January 1, 2005 through June 30, 2005.
5-0
R, Water
R06-3 In the Matter of: Definition of VOM Update, USEPA Amendments (January 1,
2005 through June 30, 2005) – The Board dismissed this reserved identical-in-
substance docket because the United States Environmental Protection Agency
did not amend its volatile organic material emission regulations during the update
5-0
R, Air
Environmental Register – September 2005
11
period of January 1, 2005 through June 30, 2005.
R06-4 In the Matter of: SDWA Update, USEPA amendments (January 1, 2005 through
June 30, 2005) – The Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did not amend its
public water supply regulations during the update period of January 1, 2005
through June 30, 2005.
5-0
R, Land
R06-8 In the Matter of: Proposed Site-Specific Perlite Waste Disposal Regulation
Applicable to Silbrico Corporation (35 Ill. Adm. Code Part 810 – The Board
granted the motion to waive the petition requirement and accepted for hearing
Silbrico Corporation’s July 19, 2005 proposal for a site-specific rulemaking to
amend the Board’s land pollution control regulations.
5-0
R, Land
Adjusted Standards
AS 05-5 In the Matter of: Petition of Ford Motor Company for an Adjusted Standard
from 35 Ill. Adm. Code 218.586 – The Board granted this Cook County
petitioner an adjusted standard, with conditions, from the Board’s organic
material emission standards and limitations for the Chicago area with regard to
gasoline dispensing and motor vehicle fueling operations, for its motor vehicle
assembly plant.
5-0
Air
Administrative Citations
AC 06-1 County of Vermilion, Illinois v. Phil Rouse – In response to a joint stipulation
and settlement agreement in this administrative citation action involving a
Vermilion County facility, the Board found that respondent had violated Section
21(p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(3) (2004)) and
ordered respondents to pay a civil penalty of $1,500. The Board also granted the
parties’ joint motion to dismiss respondents’ petition for review and the alleged
violation of 415 ILCS 5/21(p) (1) (2004).
5-0
Decisions
PCB 01-115 People of the State of Illinois v. Valley Petroleum, Inc. – In this air and water
enforcement action concerning a DuPage 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) (2004)), accepted a stipulation and
settlement agreement, and ordered the respondent to pay a total civil penalty of
$10,000 and to cease and desist from further violations.
5-0
A, W-E
PCB 04-139 People of the State of Illinois v. Decatur Foundry, Inc. – In this land enforcement
action concerning a Macon 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) (2004)), accepted a stipulation and settlement agreement,
and ordered the respondent to pay a total civil penalty of $40,000 and to cease
and desist from further violations.
5-0
L-E
Environmental Register – September 2005
12
PCB 04-205 People of the State of Illinois v. All States Painting, Inc. – In this air and water
enforcement action concerning a Morgan 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) (2004)), accepted a stipulation and
settlement agreement, and ordered the respondent to pay a total civil penalty of
$19,000 and to cease and desist from further violations.
5-0
A&W-E
Motions and Other Matters
PCB 05-83
Bowman Oil Company v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Franklin
County facility.
5-0
UST Appeal
PCB 05-197 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.
5-0
UST Appeal
PCB 05-198 Basic Wire & Cable v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a Cook County facility.
5-0
UST Appeal
PCB 05-212 John & Linda Maracic v. TNT Logistics North America Inc. – The Board found
that the alleged violations were neither duplicative nor frivolous and accepted for
hearing this matter involving a Will County site.
5-0
Citizens
N-E
PCB 05-213 Vincent & Jennifer Neri v. TNT Logistics North America Inc. – The Board
found that the alleged violations were neither duplicative nor frivolous and
accepted for hearing this matter involving a Will County site.
5-0
Citizens
N-E
PCB 05-216 Wayne Haser v. TNT Logistics North America Inc. – The Board found that the
alleged violations were neither duplicative nor frivolous and accepted for hearing
this matter involving a Will County site.
5-0
Citizens
N-E
PCB 05-217 Ken Blouin v. TNT Logistics North America Inc. – The Board found that the
alleged violations were neither duplicative nor frivolous and accepted for hearing
this matter involving a Will County site.
5-0
Citizens
N-E
PCB 05-220 Kenneth E. Medema, Jr. v. TNT Logistics North America Inc. – The Board
found that the alleged violations were neither duplicative nor frivolous and
accepted for hearing this matter involving a Will County site.
5-0
Citizens
N-E
Environmental Register – September 2005
13
PCB 06-1 Robert F. Kasella, Jr. v. Kellie R. Kasella v. TNT Logistics North America Inc. –
The Board found that the alleged violations were neither duplicative nor
frivolous and accepted for hearing this matter involving a Will County site.
5-0
Citizens N-E
PCB 06-6 ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA – The Board granted
petitioner's motion to file an amended petition accepted for hearing this permit
appeal involving a Rock Island County facility.
5-0
P-A, Land
PCB 06-11 Silbrico Corporation v. IEPA – The Board ordered petitioner to file an amended
petition to cure noted deficiencies on or before October 3, 2005, or the matter
would subject to dismissal.
5-0
L-V
PCB 06-26 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
Jersey County facility.
5-0
UST Appeal
90-Day Ext.
PCB 06-27 People of the State of Illinois v. Joel Hillman – The Board accepted for hearing
this air enforcement action involving a site located in Lake County.
5-0
A-E
PCB 06-28 Midwest Petroleum Company v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a St. Clair County facility.
5-0
UST Appeal
PCB 06-29 Carroll Scientific, Inc. (Operating Permit) v. IEPA – The Board granted this
request for a 90-day extension of time to file a permit appeal on behalf of this
Cook County facility.
5-0
P-A, Air
90-Day Ext.
PCB 06-30 People of the State of Illinois v. Heneghan & Associates, P.C., an Illinois
corporation – The Board accepted for hearing this public water supply
enforcement action involving a site located in Lake County.
5-0
PWS-E
PCB 06-31 Carroll Scientific, Inc. (Construction Permit) v. IEPA – The Board granted this
request for a 90-day extension of time to file a permit appeal on behalf of this
Cook County facility.
5-0
P-A, Air
90-Day Ext.
PCB 06-32 Beverly Bank 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.
Environmental Register – September 2005
14
September 15, 2005
Chicago, Illinois
Rulemakings
R04-26 In the Matter of: Interim Phosphorus Effluent Standard, Proposed 35 Ill. Adm.
Code 304.123(g-k) – The Board adopted a second notice opinion and order in
this rulemaking to amend the Board’s water quality standards regulations.
5-0
R, Water
R05-19 In the Matter of: Proposed Amendments to Exemptions from State Permitting
Requirements (35 Ill. Adm. Code 201.146) – The Board adopted a first notice
opinion and order in this rulemaking to amend the Board’s air quality standards
regulations.
5-0
R, Air
R05-20 In the Matter of: Proposed Amendments to Exemptions from State Permitting
Requirements for Plastic Injection Molding Operations (35 Ill. Adm. Code
201.146) – The Board adopted a first notice opinion and order in this rulemaking
to amend the Board’s air quality standards regulations.
5-0
R, Air
Administrative Citations
AC 06-02 County of LaSalle v. Harriet Baugher and John Baugher – The Board found that
these LaSalle 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 $1,500.
5-0
AC 06-3 IEPA v. Alva McDowell d/b/a McDowell Auction Services – The Board found
that this Bond County respondent violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2004)), and ordered respondent to pay a civil penalty of $1,500.
5-0
Motions and Other Matters
PCB 02-77 People of the State of Illinois v. Millenium Recycling & Solid Waste
Consultants, Inc, Sheri Clementi, individually and as President of Millenium
Recycling & Solid Waste Consultants, Inc., and Michael Lorence – The Board
denied respondent Michael Lorence’s motion for relief from and review of the
Board’s February 19, 2004 final opinion and order.
5-0
L-E
PCB 04-209 DiMucci Development Corporation v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this underground storage tank appeal involving
a Cook County facility.
5-0
UST Appeal
PCB 05-181 People of the State of Illinois v. Pattison Associates, L.L.C. and 5701 South
Calumet L.L.C. – The Board denied respondents’ motion to dismiss counts I-V
of the complaint, lifted the stay of the 60-day period to file an answer, and
respondents have until October 17, 2005, or 30 days from the date of this order,
to answer the complaint.
5-0
A-E
Environmental Register – September 2005
15
PCB 05-200 People of the State of Illinois v. Greg Rudeen individually and d/b/a Rock River
Townhomes and d/b/a Rudeen and Associates – 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 Winnebago
County facility, the Board ordered publication of the required newspaper notice.
5-0
W-E
PCB 06-04 People of the State of Illinois v. Leonard Foster d/b/a Rivercrest Mobile Home
Park – 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 Kankakee County facility, the Board
ordered publication of the required newspaper notice.
5-0
PWS-E
PCB 06-33 People of the State of Illinois v. J&S Companies, Inc. and First Choice
Construction, Inc. – The Board accepted for hearing this land enforcement action
involving a site located in Will County.
5-0
L-E
PCB 06-34 Ramsey C.U.S.D. #204 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
Fayette County facility.
5-0
UST Appeal
90-Day Ext.
PCB 06-35 People of the State of Illinois v. Quantum Color Graphics, L.L.C. – The Board
accepted for hearing this air enforcement action involving a site located in Cook
County.
5-0
A-E
PCB 06-36 People of the State of Illinois v. Magellan Pipeline Company, L.P. – The Board
accepted for hearing this land enforcement action involving a site located in Lee
County.
5-0
L-E
PCB 06-37 Illinois State Toll Highway Authority 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 06-38 Downtown Shell 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
Bond County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 06-39 Dalee Oil Company (SCCR) v. IEPA – The Board granted this request for a 90-
day extension of time to file an underground storage tank appeal on behalf of this
Washington County facility.
5-0
UST Appeal
90-Day
Environmental Register – September 2005
16
Ext.
PCB 06-40 Dalee Oil Company (SCWP/B) v. IEPA – The Board granted this request for a
90-day extension of time to file an underground storage tank appeal on behalf of
this Washington County facility.
5-0
UST Appeal
90-Day
Ext.
PCB 06-41 People of the State of Illinois v. Dot Packaging Group – The Board accepted for
hearing this air enforcement action involving a site located in Kane County.
5-0
A-E
New Cases
September 1, 2005 Board Meeting
06-026
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 Jersey County facility.
06-027
People of the State of Illinois v. Joel Hillman – The Board accepted for hearing this air enforcement action
involving a site located in Lake County.
06-028
Midwest Petroleum Company v. IEPA – The Board accepted for hearing this underground storage tank
appeal involving a St. Clair County facility.
06-029
Carroll Scientific, Inc. (Operating Permit) v. IEPA – The Board granted this request for a 90-day extension
of time to file a permit appeal on behalf of this Cook County facility.
06-030
People of the State of Illinois v. Heneghan & Associates, P.C., an Illinois corporation – The Board accepted
for hearing this public water supply enforcement action involving a site located in Lake County.
06-031
Carroll Scientific, Inc. (Construction Permit) v. IEPA – The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of this Cook County facility.
06-032
Beverly Bank 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.
AC 06-006
County of Perry v. Joseph Gassell – The Board accepted an administrative citation against this Perry
County respondent.
AC 06-007
County of Perry v. William Campbell, Jr. – The Board accepted an administrative citation against this
Perry County respondent.
AC 06-008
County of Ogle v. Tommy Ray Ramando, DBA Oregon Iron Metal Reclaimers, Inc. – The Board
accepted an administrative citation against this Ogle County respondent.
September
15, 2005 Board Meeting
06-033
People of the State of Illinois v. J&S Companies, Inc. and First Choice Construction, Inc. – The Board
accepted for hearing this land enforcement action involving a site located in Will County.
06-034
Ramsey C.U.S.D. #204 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 Fayette County facility.
06-035
People of the State of Illinois v. Quantum Color Graphics, L.L.C. – The Board accepted for hearing this air
enforcement action involving a site located in Cook County.
Environmental Register – September 2005
17
06-036
People of the State of Illinois v. Magellan Pipeline Company, L.P. – The Board accepted for hearing this
land enforcement action involving a site located in Lee County.
06-037
Illinois State Toll Highway Authority 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.
06-038
Downtown Shell 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 Bond County facility.
06-039
Dalee Oil Company (SCCR) v. IEPA – The Board granted this request for a 90-day extension of time to file
an underground storage tank appeal on behalf of this Washington County facility.
06-040
Dalee Oil Company (SCWP/B) v. IEPA – The Board granted this request for a 90-day extension of time to
file an underground storage tank appeal on behalf of this Washington County facility.
06-041
People of the State of Illinois v. Dot Packaging Group – The Board accepted for hearing this air
enforcement action involving a site located in Kane County.
AC 06-009
County of Perry v. Kevin Tilley – The Board accepted an administrative citation against this Perry
County respondent.
AS 06-001
In the Matter of: Petition of Lafarge Midwest, Inc. for an Adjusted Standard from 35 Ill. Adm. Code
739.161 Pursuant to 35 Ill. Adm. Code 720.132 and 720.133 – Pending receipt of the certificate of publication, the
Board held this Cook County facility’s petition for an adjusted standard from the Board’s regulations.
Calendar
10/5/05
12:00 PM
AC 05-02
IEPA v. Lester Smith
City Hall Council Chambers
106 W. Fifth Street
Metropolis
10/6/05
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
Springfield
10/7/05
10:00 AM
PCB 06-28 Midwest Petroleum Company v. IEPA
City Hall Council Chambers
101 South Illinois Street
Belleville
10/20/05
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 09-040
100 W. Randolph Street
Chicago
11/3/05
11:00 AM
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
11/17/05
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 09-040
100 W. Randolph Street
Chicago
------------------------------------------------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
