G. Tanner Girard, Acting Chairman
Board Members:
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 Illinois General Assembly passed a number of bills this year and at least
three of those bills have particular interest for the Board, parties appearing before
the Board, and regulated entities. Although the Governor has not yet acted upon
two of the bills, the third has been signed and is now a public act. I will briefly
summarize the three bills below. You can obtain more specific information
through the General Assembly’s Website at www.ilga.gov.
House Bill 1620, sponsored by Representative Careen Gordon and Senator Gary
Dahl, amended the Environmental Protection Act. The bill requires owners of a
nuclear power plant to notify the Illinois Environmental Protection Agency
(IEPA) and the Illinois Emergency Management Agency (IEMA) within 24
hours of an unpermitted release. The bill defines an "unpermitted release" as any
spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a
contaminant into groundwater, surface water, or soil that is not permitted under
State or federal law or regulation. House Bill 1620 requires the IEPA and IEMA
to inspect each nuclear power plant with respect to unpermitted releases no less than once each quarter every
calendar year. The bill also requires IEPA to consult with IEMA in proposing to the Pollution Control Board rules
that prescribe standards for detecting and reporting unpermitted releases of radionuclides. House Bill 1620 was sent
to the Governor on May 3, 2006, and awaits his action.
House Bill 4717, sponsored by Representative Wyvetter Younge and Senator James Clayborne, also amended the
Environmental Protection Act. The bill provides that processing sites or facilities that receive only on-specification
used oil, originating from used oil collectors for processing to produce products for sale to off-site petroleum
facilities, are not pollution control facilities under the Act, if these sites or facilities are located within a specified
home rule unit of local government and comply with all applicable zoning requirements. House Bill 4717 was sent
to the Governor on April 3, 2006, and awaits his action.
House Bill 5578, sponsored by Representative Karen May and Senator Terry Link, creates the Mercury Switch
Removal Act. The bill requires manufacturers of vehicles in Illinois that contain mercury switches to begin a
mercury switch collection program, within 60 days of the effective date of this Act, that facilitates removal of
mercury switches from end-of-life vehicles prior to the vehicles being flattened, crushed, shredded, or otherwise
processed for recycling. House Bill 5578 provides that these programs must, to the extent practicable, use the
currently available vehicle recycling infrastructure and be designed to achieve a capture rate of not less than 35%
for the period of July 1, 2006 - June 30, 2007, 50% for the period of July 1, 2007 - June 30, 2008, and 70% for the
period of July 1, 2008 - June 30, 2009, and for each subsequent period of July 1 - June 30.
If the required mercury capture rates are not met, House Bill 5578 provides that the IEPA shall provide notice to the
manufacturers subject to the collection requirements. Beginning 30 days after the Agency provides notice, a vehicle
recycler that sells, gives, or otherwise conveys an end-of-life vehicle to an on-site or off-site vehicle crusher or a
scrap metal recycler, must remove all mercury switches from the vehicle prior to its conveyance. Manufacturers
subject to these collection requirements must provide $2.00 to vehicle recyclers, vehicle crushers, and scrap metal
recyclers for each mercury switch removed by the vehicle recycler, vehicle crusher, or the scrap metal recycler, the
costs of the containers in which the mercury switches are collected, and the costs of packaging and transporting the
mercury switches off-site. House Bill 5578 also provides civil penalties for violations, authorizes periodic reviews
of these programs, and repeals the Act on January 1, 2011. On April 24, 2006, the Governor signed House Bill
5578, and it became effective on that date as Public Act 94-0732.
Sincerely,
G. Tanner Girard, Ph.D.
Acting Chairman
Environmental Register – May 2006
1
Inside This Issue:
FEDERAL UPDATE
P. 1
RULE UPDATE
P. 2
APPELLATE UPDATE
P. 6
BOARD ACTIONS
P. 7
NEW CASES
P. 13
BOARD CALENDAR
P. 15
PROVISIONAL VARIANCE
P. 16
Federal Update
United States Environmental Protection Agency Adopts Outline of Implementation Policy for Great Lakes
Legacy Act of 2002
On May 1, 2006 (71 Fed. Reg. 25504) the United States Environmental Protection Agency (USEPA) published its
outline for the implementation of the Great Lakes Legacy Act of 2002. This action provides information to those
interested in submitting cost-share, sediment remediation projects to EPA for funding under the Great Lakes Legacy
Act of 2002 (Legacy Act).
USEPA’s action establishes a process for identification, evaluation, selection, and implementation of projects for
funding under the Legacy Act. The Legacy Act authorizes the appropriation of $50 million annually for fiscal years
2004-2008 for contaminated sediment remediation projects and provides USEPA with a unique approach for
addressing contaminated sediment problems in Great Lakes Areas of Concern. The Legacy Act also authorizes
smaller amounts of funding for other activities; the USEPA has yet only established a process for sediment
remediation project selection and implementation.
In order to be an eligible project under the Legacy Act, a project must be carried out in an Area of Concern located
wholly or partially in the United States and the project must:
1. Monitor or evaluate contaminated sediment;
2. Implement a plan to remediate contaminated sediment; or
3. Prevent further or renewed contamination of sediment.
The Legacy Act program is implemented through Project Agreements, which are binding cost-sharing agreements
between the Great Lakes National Program Office (GLNPO) and a cooperating agency or entity. Project selection
decisions will be made in consultation with the USEPA O
t authorizing language places
only limited restrictions on the types of entities (non-Federal sponsors) that may potentially enter into a Project
Agreement with GLNPO. This provides the potential for entering into agreements with public and private entities,
including not-for-profit organizations. USEPA stated that it is the ultimate goal of GLNPO to work cooperatively
with all qualifying potential non-Federal sponsors that have submitted project proposals under the Legacy Act in
order to develop projects that are technically sound, beneficial to the environment, supported by the local
community, and able to be completed in an expeditious manner. Additionally, the USEPA recognized that it is
important to maintain flexibility in evaluating project proposals to achieve this goal. In situations where other
sources of funding are available (e.g., Water Resources Development Act) or other mechanisms to complete the
project are available (e.g., Superfund or other enforcement or regulatory programs), GLNPO will work with these
existing programs, where appropriate, to add value in a way that maximizes the overall benefit to the environment.
In cases where enforcement or regulatory actions are pending, or underway, GLNPO will work and coordinate with
the applicable enforcement or regulatory program on a case-by-case basis to determine the proper role, if any, for
the Legacy Act to provide a value-added component to the project. In some cases, identifying a role for the Legacy
Act may not be possible, if a proposed action is more appropriately accomplished by another program or agency.
Environmental Register – May 2006
2
This policy is effective on May 1, 2006.
For further information contact Scott Ireland, Technical Assistance and Analysis Branch, Environmental Protection
Agency, Great Lakes National Program Office 77 West Jackson Blvd. G-17J, Chicago, IL 60604-3590, telephone
number (312) 886-8121; fax number (312) 353-2018, www.epa.gov/greatlakes.
Rule Update
Board Adopts Final Opinion and Order in Technical Correction to Formulas in 35 Ill. Adm. Code 214;
Clean-Up Part III, Amendments to 35 Ill Adm. Code Part 211, 218, and 219 (R04-12/20)(cons.)
On May 4, 2006, the Board adopted a final opinion and order in Technical Correction to Formulas in 35 Ill. Adm.
Code 214; Clean-Up Part III, Amendments to 35 Ill Adm. Code Part 211, 218, and 219 (R04-12/20)(consolidated).
The Board made minor technical changes to the first notice proposal (published at 29 Ill. Reg. 7418 (May 27,
2005)) in response to comments filed by the Illinois Environmental Protection Agency (IEPA). The adopted
amendments were filed with the Secretary of State’s Index Department with a May 15, 2006 effective date and
published in the May 26, 2006 issue of the
Illinois Register
at 30 Ill. Reg. 9654 through 9799.
A detailed description of the rule changes in these consolidated dockets appeared in
Environmental Register
No.
619 (March 2006), pp. 7-9. A briefer description follows below.
The amendments adopted in R04-12 originated as a Board-initiated proposal. The Board adopted corrections to
technical errors in formulas in the Board’s air rules at 35 Ill. Adm. Code 214 "Sulfur Limitations." The errors
appear to have occurred when the Illinois Administrative Code was re-codified.
The R04-20 rulemaking was opened for the IEPA’s January 6, 2004 rulemaking proposal. The adopted
amendments correct, update, and clarify rules implementing federal Clean Air Act requirements for volatile organic
material (VOM) emissions reductions in the Chicago and Metro-East ozone areas. The final amendments address
capture efficiency, carbon adsorbers and control device monitoring, screen printers, sealers and topcoats,
lithographic printing, natural gas fired afterburners, perchloroethylene dry cleaners, and motor vehicle refinishing.
The IEPA described the rule amendments as intended to benefit the regulated community by reducing the burden of,
and increasing the flexibility in, demonstrating compliance.
The adopted amendments also make changes to:
•
Update the test methods for capture efficiency (CE);
•
Clarify the term “carbon adsorber”;
•
Clarify requirements for screen printers;
•
Clarify categories of sealers and topcoats;
•
Clarify provisions on monitoring, applicability, equations, recordkeeping, and reporting for lithographic
printing operations;
•
Clarify that sources may turn off their natural gas fired afterburners outside the ozone season;
•
Delete the requirements applicable to perchloroethylene dry cleaning facilities;
•
Delete the requirement that auto finishing shops annually re-register with AGENCY;
•
Delete the coating purchasing recordkeeping requirements; and
•
Correct miscellaneous grammatical and typographical errors.
To achieve administrative economies during the hearing process, the Board consolidated the R04-20 IEPA
rulemaking proposal with the R04-12 Board-initiated rulemaking proposal. The Board held two hearings in this
rulemaking. The first hearing was in Chicago on March 18, 2004 and the second hearing was in Springfield on May
6, 2004.
Environmental Register – May 2006
3
Copies of the Board’s opinion and order in R04-12/20 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 Richard McGill at 312-814-6983; e-mail address mcgillr@ipcb.state.il.us
Board Adopts Final Opinion and Order in Setback Zone for City of Marquette Heights Community Water
Supply, New 35 Ill. Adm. Code 618 (R05-09)
On May 4, 2006, the Board adopted a final opinion and order in Setback Zone for City of Marquette Heights
Community Water Supply, New 35 Ill. Adm. Code 618 (R05-09). The new Part 618 establishes an expanded
setback zone of up to 1,000 feet to provide additional protection for the community water supply (CWS) wells of
the City of Marquette Heights, in Tazewell County. The Board did not receive any comments on, or make any
changes to, its first notice proposal, adopted November 17, 2005 and published in the
Illinois Register
on December
2, 2005 at 29 Ill. Reg. 19503. The adopted amendments were filed with the Secretary of State’s Index Department
with a May 23, 2006 effective date and published in the June 9, 2006 issue of the
Illinois Register
at 30 Ill. Reg.
10448.
This rule is the first of its kind under Section 14.3 of the Environmental Protection Act (Act) (415 ILCS 5/14.3
(2004)), which allows for the establishment of “maximum setback zones” to prevent contamination of particularly
vulnerable groundwater sources used by a CWS. A setback zone restricts land use near the CWS well, providing a
buffer between the well and potential sources or routes of contamination.
The rule was initiated by a resolution adopted by the City of Marquette Heights on March 22, 2004, which
requested that the Illinois Environmental Protection Agency (IEPA) propose a rule to the Board that would increase
the setback zone around the Marquette Heights CWS wells. Marquette Heights has two CWS wells, both of which
are located outside of the city limits of Marquette Heights in North Pekin, Tazewell County. The wells have an
estimated average daily pumpage from the groundwater source of 240,000 gallons per day, supplying
approximately 3,200 persons directly. Marquette Heights’ water system has approximately 1,064 service
connections within the corporate limits and another 56 service connections in an area of anticipated future
expansion east of the City. Based on various assessments, including groundwater flow and recharge area modeling,
the IEPA concluded that the current minimum setback zones did not adequately protect the Marquette Heights
CWS wells, and that the groundwater source is “highly vulnerable.”
Subpart A of Part 618 contains general provisions for maximum setback zones, including definitions. Subpart A’s
provisions will apply to all maximum setback zones established in Illinois through Board rulemaking.
Subpart B of Part 618 contains rules specific to the Marquette Heights CWS wells. Section 618.Appendix A is a
map that delineates the irregularly-shaped boundaries of the proposed maximum setback zone relative to local land
use plats. The distance from each wellhead to the proposed setback boundaries varies from approximately 600 to
1,000 feet. The appendix also lists identification numbers of parcels that are located wholly or partially within the
proposed maximum setback.
Subpart B rules also provide that: (1) certain activities within the setback are banned; and (2) other activities
within the setback are subject to management and control standards. “New potential primary sources” of
groundwater contamination are prohibited from locating wholly or partially within the Marquette Heights expanded
setback. Examples of potential primary sources can include a unit at a facility (1) used to treat, store, or dispose of
any hazardous or special waste not generated at the site, (2) used to dispose of municipal waste not generated at the
site, other than landscape waste and construction and demolition debris, (3) used to landfill, land treat, surface
impound or pile any hazardous or special waste that is generated on the site or at other sites owned, controlled or
operated by the same person, or (4) that stores or accumulates at any time more than 75,000 pounds above ground,
or more than 7,500 pounds below ground, of any hazardous substances.
Subpart B also specifies that the Board’s Part 615 or Part 616 management and control standards (35 Ill. Adm.
Code 615 and 616) apply to those new or existing activities that are regulated by Part 615 or Part 616 and located
wholly or partially within the expanded Marquette Heights setback. These activities may include on-site landfills,
on-site land treatment units, on-site surface impoundments, on-site waste piles, underground storage tanks,
pesticide storage and handling units, fertilizer storage and handling units, road oil storage and handling units, and
de-icing agent storage and handling units. The rules make clear, however, that agrichemical facilities that
Environmental Register – May 2006
4
affirmatively opt out of Part 615 or Part 616 are regulated instead under other rules. Part 615 (Existing Activities
in a Setback Zone or Regulated Recharge Area) and Part 616 (New Activities in a Setback Zone or Regulated
Recharge Area) contain groundwater monitoring, design, inspection, operating, closure, and post-closure
requirements that apply within setback zones, and so will apply automatically in the Marquette Heights maximum
setback zone on the effective date of this new Part.
Copies of the Board’s opinion and order in R05-9 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 Richard at 312/ 814-6983; email address mcgillr@ipcb.state.il.us.
Board Adopts Order to Proceed to First Notice Under the General Rulemaking Authority of Section 27 of the
Act in Proposed New 35 Ill. Adm. Code 225 Control of Emissions from Large Combustion Sources (Mercury)
(R06-25)
The R06-25 rulemaking docket has continued to be active since its inception on March 14, 2006 when the Illinois
Environmental Protection Agency (IEPA) filed the proposal with the Board, in response to Governor Rod
Blagojevich’ January 2006 request that IEPA propose rules requiring Illinois coal-fired electrical generating plants
to reduce mercury emissions by an average of 90% by July 2009. As reported in the last two
Environmental
Registers
, the IEPA filed the proposal under Sections 9.10, 27, and 28.5 of the Act (415 ILCS 5/9.10, 27, and 28
(2004)). On March 16, 2006 the Board accepted the proposal for hearing as a Section 28.5 Clean Air Act fast track
rule, adopting a first notice order without comment on the merits of the proposal. In so doing, the Board reserved
ruling on some participants’ March 15 requests that the proposal proceed instead under Section 27. First notice of
the proposal was published at 30 Ill. Reg
.
5957-6002 (March 31, 2006), and hearings were set in June and August
on the timetable set in the statute. On April 20, 2006 the Board denied the motion to proceed under Section 27,
finding the proposal was properly filed under Section 28.5. See
Environmental Register
Nos. 621 (March 2006) at
pp. 12-13, and 622 (April 2006) at pp. 12-13.
Substance of the Mercury Proposal.
The IEPA proposal will require Illinois coal-fired electrical generating units (EGU)s that serve a generator greater
than 25 megawatts producing electricity for sale to begin to utilize control technology for mercury as necessary to
achieve the numerical standards set by the proposed rule beginning July 1, 2009.
To achieve this goal while preserving flexibility, the proposed regulations provide new and existing sources with
two alternative mercury emission standards to demonstrate compliance. The first alternative allows a source to
comply with a mercury emission standard of 0.0080 lb mercury/GWh gross electrical output for each EGU. In the
alternative, sources may control emissions by a minimum of 90% from input mercury levels. In addition, through
December 31, 2013, companies with several sources with EGUs may utilize averaging demonstrations between the
sources. Those sources that have no sister plants are grouped into a co-op so that they may also average amongst
the listed facilities. However, every source in the averaging demonstration must attain at least a 75% reduction of
input mercury or 0.020 lb mercury/GWh gross electrical output. The proposal also sets forth permitting,
monitoring, recordkeeping, and reporting requirements for affected sources.
Circuit Court Action.
On April 4, 2006, various power companies took the statutory authority dispute to the Sangamon County Circuit
Court for resolution. Dynegy Midwest Generation, Inc., Kincaid Generation, LLC, and Midwest Generation, LLC.
v. Illinois Pollution Control Board and Illinois Protection Environmental Agency, Case No. 2006 CH213
(Sangamon County Circuit Court)(filed April 4, 2006). The complaint for declaratory and injunctive relief alleges
irreparable harm to the power companies "as a result of IPCB’s illegal rulemaking procedure and the IEPA’s illegal
filing of a proposed rule with the IPCB.” The suit seeks preliminary and permanent injunctive relief from R06-25
proceeding under Section 28.5.
The court heard oral argument on the power companies’ motion for preliminary injuction on April 27, 2006. The
Office of the Attorney General presented arguments on behalf of the Board and IEPA. On May 1, 2006, the court
enjoined the Board from proceeding pursuant to the hearing and rulemaking scheduled required by Section 28.5 of
the Illinois Environmental Protection Act. In a two-page order, the court analyzed the factors on which a party
seeking injunction must prevail, finding, in pertinent part:
Environmental Register – May 2006
5
1) Likelihood of Success on the Merits. The Court finds that the Plaintiffs have established a
likelihood of success on their claim…The Illinois Mercury Proposal does not meet the statutory
definition of “required to be adopted.” A proposed rule qualifies for fast track procedures under
Section 28.5 of the Act only if the United States Environmental Protection Agency has authority
under the federal Clean Air Act to impose sanctions against Illinois if the rule is not adopted by
the …Board. The term “sanctions” is not defined by case law or the Act. This Court does not
believe the imposition of a federal plan until such time as Illinois adopts rules governing mercury
emissions would be a sanction under the Act.
2) Balancing the hardships and the effect on the public. There appears to be little risk of harm to the
environmental interests on the public since [USEPA] will impose the federal mercury constraints
of the Clean Air Mercury Rule if Illinois rules are not in place. The interests of the public may be
better served by a more formal and extensive rule making procedure under Section 27 of the Act.
This would allow the public to weigh the cost benefit of the [IEPA] plan versus that of the
USEPA].
3) Irreparable harm. [Citation omitted] In the present case, the use of Section 28.5 or fast track
prohibits the Plaintiff[s] from participation in a fair hearing. Plaintiffs have established a prima
facie case as to the element of irreparable harm.
4) Inadequate Remedy at Law. The Court finds the Plaintiffs have established a prima facie case as
to the element of irreparable harm.
(On May 8, 2006, the Board and IEPA filed a joint motion for dismissal of the suit as moot, based on the Board’s
May 4, 2006 decision to proceed under Section 27. The court has yet to rule on the motion).
On May 4, 2006, the Board decided to proceed to hear the IEPA March 14, 2006 proposal under the Board’s
general rulemaking authority of Section 27 of the Act, rather than under the Section 28.5 fast track proceedings. In
compliance with the court’s order, the Board cancelled the scheduled hearings under Section 28.5 and authorized
publication of a second first notice citing only Section 27 as the authority for the rulemaking. The Board also
authorized publication in the Illinois Register of a notice of withdrawal of the original proposal at 30
Ill. Reg.
5957-
6002 (March 31, 2006). (The withdrawal notice was published at 30
Ill. Reg.
9377 May 19, 2006).
The second first notice order was published on May 19, 2006 at 30
Ill. Reg.
9281. But, due to clerical error, the
notice continued to contain reference in the rule source note to Sections 9.10 and 28.5, in addition to Section 27. A
notice of correction of this error was scheduled for publication at 30 Ill. Reg.10193 (June 2, 2006).
The Board has scheduled two sets of hearings in this rulemaking. The first set begins on June 12, 2006 in
Springfield, Illinois at 1:00 P.M. in the Environmental Protection Agency Office Building, Training Room, 1214
West, 1021 North Grand Avenue East. The hearing will be continued from day to day until the business is
completed or through and including June 23, 2006. The second set of hearings will be held in Chicago beginning
on August 14, 2006 at 1:00 P.M, Assembly Hall, Concourse Level, James R. Thompson Center, 100 W. Randolph.
The hearing will be continued day to day until business is complete or through and including August 25, 2006.
Following close of the second set of hearings, the Board will determine whether and when to schedule additional
hearings.
Electonic Access to R06-25 Documents
Copies of the May orders of the Board and hearing officer in R06-25 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. Many other
documents filed in the docket are available as well, including public comments filed. But, due to the volume of
public comments received (6,500 and counting), the Clerk’s office has split off public comments into a second
electronic docket—R06-25PC—in an attempt to reduce any slowness in retrieving other documents from this
docket.
For additional information concerning the hearings, contact Marie Tipsord at 312/-814-4925; email address
tipsordm@ipcb.state.il.us. For additional information concerning document retrieval, contact the Clerk’s office at
312-814-3620.
Environmental Register – May 2006
6
Board Dismisses Two Identical in Substance Rulemaking Dockets As Unnecessary: UST Update, USEPA
Regulations (July 1, 2005 through December 31, 2005), R06-12; and Exemption from the Definition of VOM
update, USEPA Regulations (July 1, 2005 through December 31, 2005), R06-14
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 May
18, 2006, the Board dismissed as unnecessary two dockets reserved to consider rules adopted by USEPA during the
period July 1, 2005 through December 31, 2005. In each of the two program areas described below, USEPA
adopted no rules during the update period.
UST Program (R06-12)
. Section 22.4(d) of the Environmental Protection Act (415 ILCS 5/22.4(d) (2006))
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 (2006)), to underground storage tank (UST) regulations promulgated by the USEPA pursuant to Section
9003 of the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. § 6993
(2000), to implement Subtitle I of RCRA (42 U.S.C. §§ 6991
et seq
. (2000)), with certain limitations. USEPA has
codified its UST regulations at 40 C.F.R. 281 through 283.
VOM Program (R06-14)
. Section 9.1(e) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(e) (2006))
requires the Board to adopt regulations that are “identical in substance,” as defined at Section 7.2 of the Act (415
ILCS 5/7.2 (2006)), to exemptions from the definition of “volatile organic material” (VOM), those compounds that
the United States Environmental Protection Agency (USEPA) has found to be exempted from regulation under state
implementation plans for ozone due to negligible photochemical reactivity. USEPA has codified these exemptions
as part of its definitions at 40 C.F.R. 51.100(s).
Copies of the Board’s separate dismissal orders in R06-12 and R06-14 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.
Appellate Update
Illinois Supreme Court Denies Petition for Leave to Appeal Third District Decision Affirming Board Order
Upholding Permit Modification Denial in United Disposal of Bradley, Inc. & Municipal Trust & Savings
Bank v. IPCB and IEPA
,
No. 102168 (May 24, 2006) (PCB 03-235)
On May 24, 2006, the Illinois Supreme Court denied the petition for leave to appeal (PLA) filed February 17, 2006
by United Disposal of Bradley, Inc. United Disposal of Bradley, Inc. & Municipal Trust & Savings Bank v. IPCB
and IEPA, No. 102168 (May 24, 2006). As reported in
Environmental Register
No. 620, pp. 2-3 (February 2006),
the PLA sought review of the January 13, 2006 decision of the Third District Appellate Court affirming the Board's
order in United Disposal of Bradley, Inc. & Municipal Trust & Savings Bank v. IPCB and
IEPA, No. 3-04-0536
(January 13, 2006). In the case before it, the Board granted summary judgment to the Illinois Environmental
Protection Agency (IEPA), affirming the IEPA's denial of a permit modification. United Disposal of Bradley, Inc.
& Municipal Trust & Savings Bank v. IEPA, PCB 03-235 (June 17, 2004).
A complete summary of the Board and appellate decisions appeared in
Environmental Register
No. 619, pp. 4-5
(January 2006). In brief, the case involves the permit for the waste transfer station operated in the Village of
Bradley, Kankakee County by United Disposal of Bradley, Inc. The primary issues raised concern about
interpretation of a 1994 permit condition, Sections 3.330, 39(c), and 39.2 of the Environmental Protection Act
(Act), 415 ILCS5/3.330, 39(c), 39.2, and whether they violate the commerce clause of the United States
Constitution (U.S. Const., art. I, sec. 8, cl. 3).
Dynegy Midwest Generation, Inc., Kincaid Generation, LLC, and Midwest Generation, LLC. v. Illinois
Pollution Control Board and Illinois Protection Environmental Agency, Case No. 2006 CH213 (Sangamon
County Circuit Court)(May 1, 2006 injunction order)(R06-25)
The above-captioned case is not summarized here, as it is not an appeal of a Board order. Rather, it is an action for
declaratory and injunction relief regarding the procedures the Board is to use in hearing the Illinois Environmental
Protection Agency’s March 14, 2006 regulatory proposal in Docket R06-25, In the Matter of: Proposed New 35 Ill.
Environmental Register – May 2006
7
Adm. Code 225 Control of Emissions From Large Combustion Sources (Mercury). The circuit court action is
instead summarized later in this issue, in the R06-25 story in the “Rule Update” section.
Board Actions
May 4, 2006
Springfield, Illinois
Rulemakings
R04-12
R04-20
(cons.)
In the Matter of: Technical Correction to Formulas in 35 Ill. Adm. Code 214
“Sulfur Limitations”; In the Matter of: Clean-Up Part III, Amendments to 35 Ill.
Adm. Code Part 211, 218, and 219 – The Board adopted a final opinion and
order in this rulemaking which amends the Board’s air regulations.
4-0
R, Air
R05-9 In the Matter of: Setback Zones for City of Marquette Heights Community
Water Supply, New 35 Ill. Adm. Code 618 – The Board adopted a final opinion
and order in this site-specific rulemaking which amends the Board’s public water
supply regulations.
4-0
R, PWS
R06-25 In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of Emissions
From Large Combustion Sources – The Board on its own motion, determined to
proceed to hearing pursuant to Section 27 of the Act (415 ILCS 5/27 (2004))
with the Illinois Environmental Protection Agency’s (IEPA) March 14, 2006
proposal. The Board noted entry of a preliminary injunction order in Dynergy
Midwest Generation, Inc., et. al. v. Pollution Control Board et. al., No. 06-CH-
213 (Sangamon Cty. Circuit Court May 1, 2006). The Board granted the motion
of Dynegy Midwest Generation, Inc., Kincaid Generation, L.L.C., and Midwest
Generation, L.L.C. to cancel hearings and rescind the schedule for hearings
under the authority of Section 28.5 of the Act (415 ILCS 5/28.5 (2004)). The
Board will re-first notice this rulemaking under Section 27 of the Act (415 ILCS
5/27 (2004)). The Board granted the IEPA’s motion in part for expedited review.
The Board also granted the April 25, 2006 motion to appear pro hac vice from
Kathleen M. Rahill.
4-0
Adjusted Standards
AS 06-3 In the Matter of: Petition of Lafarge Midwest, Inc. for Boiler Determination
through Adjusted Standard Proceedings Pursuant to 35 Ill. Adm. Code 720.132
and 720.133 – The Board accepted for hearing this Massac County facility’s
petition for adjusted standard from the Board’s hazardous waste operating
requirements.
4-0
Air
Administrative Citations
AC 06-30 IEPA v. Rick Linnabury – The Board accepted for hearing this petition for
review of an administrative citation against this Douglas County respondent.
4-0
Environmental Register – May 2006
8
AC 06-32 County of Jackson v. David Skidmore – The Board accepted for hearing this
petition for review of an administrative citation against this Jackson County
respondent.
4-0
Decisions
PCB 06-90 People of the State of Illinois v. Village of Volo and Smith Engineering
Consultants, Inc. – In this public water supply 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)
(2004)), accepted a stipulation and settlement agreement, and ordered the
respondent to pay a total civil penalty of $8,000, and to cease and desist from
further violations.
4-0
PWS-E
Motions and Other Matters
PCB 04-106 People of the State of Illinois v. Thomas Gray – The Board granted the
complainant’s motion for summary judgment and ordered respondent to
reimburse the Illinois Environmental Protection Agency $131,902.48 for costs
incurred in the cleanup of accumulated used and waste tires at the site comprised
of three parcels of land identified as tax parcels 10-19-16-101-033, 10-19-16-
101-034, and 10-19-16-101-035, and located in Momence, Kankakee County.
4-0
L-E
PCB 05-35 Kibler Development Corporation and Marion Ridge Landfill, Inc. v. IEPA – The
Board denied the motion of the City of Marion, the City of Herrin, and the
Williamson County Airport Authority to intervene as party respondents in this
permit appeal.
4-0
P-A, Land
PCB 06-30 People of the State of Illinois v. Heneghan & Associates, P.C. – 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 Calhoun County facility, the Board ordered publication of the
required newspaper notice.
4-0
PWS-E
PCB 06-128 Goodwin Mobil Service 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 Montgomery County facility.
4-0
UST Appeal
PCB 06-129 Vic Koenig Chevrolet v. IEPA – Having previously granted a request for a 90-
day extension, the Board dismissed this matter because no underground storage
tank appeal was filed on behalf of this Jackson County facility.
4-0
UST Appeal
PCB 06-131 Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President Village of Hampshire and
IEPA – The Board granted respondent Illinois Environmental Protection
Agency’s motion to dismiss three of the appeal grounds for lack of jurisdiction.
Hearing on the remaining issue is scheduled for May 15, 2006
4-0
P-A, NPDES
3rd Party
Environmental Register – May 2006
9
PCB 06-140 W.R. Meadows, Inc. v. IEPA – The Board accepted for hearing this permit
appeal involving a Kane County facility.
4-0
P-A, Air
May 18, 2006
Chicago, Illinois
Rulemakings
R06-12 In the Matter of: UST Update, USEPA Regulations (July 1, 2005 through
December 31, 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 July 1, 2005 through December 31, 2005.
4-0
R, Land
R06-14 In the Matter of: Exemptions from the Definition of VOM Update, USEPA
Regulations (July 1, 2005 through December 31, 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 period of July 1, 2005 through
December 31, 2005.
4-0
R, Air
Administrative Citations
AC 04-75 IEPA v. Charles L. Parker – The Board entered a final opinion and order
requiring respondent to pay hearing costs of the Illinois Environmental
Protection Agency and the Board in the amount of $309.49 and a civil penalty of
$4,500. This order follows the Board's interim order of March 16, 2006, which
found that this respondent had violated Sections 21(p)(1), (3) and (7) of the
Environmental Protection Act. (415 ILCS 5/21(p)(1), (3), and (7) (2004)).
4-0
AC 05-18 IEPA v. William Shrum – The Board entered a final opinion and order requiring
respondent to pay hearing costs of the Illinois Environmental Protection Agency
and the Board in the amount of $306.88 and a civil penalty of $4,500, $3,000 for
a second violation of Section 21(p)(1), and $1,500 for the first violation of
Section 21(p)(7). This order follows the Board's interim order of March 16,
2006, which found that this respondent had violated Sections 21(p)(1) and (7) of
the Environmental Protection Act. (415 ILCS 5/21(p)(1), (7) (2004)).
4-0
AC 05-63 IEPA v. John Malloch – The Board entered a final opinion and order requiring
respondent to pay hearing costs of the Illinois Environmental Protection Agency
and the Board in the amount of $289.70 and a civil penalty of $4,500. This order
follows the Board's interim order of March 16, 2006, which found that this
respondent had violated Sections 21(p)(1), (3) and (7) of the Environmental
Protection Act. (415 ILCS 5/21(p)(1), (3), and (7) (2004)).
4-0
Environmental Register – May 2006
10
AC 05-80 County of Kankakee v. John and Ella Hall and South Holland Trust #10897 –
The Board denied complainant’s untimely motion to the amend complaint, since
this docket was closed December 1, 2005.
4-0
AC 06-31 Ogle County Solid Waste Management Department v. Wayne L. Fisher &
Christina C. Fisher – The Board directed respondent to file an amended petition
for review specifying the grounds for appeal within 30 days, or the Board will
dismiss this matter.
4-0
AC 06-33 IEPA v. Johnny Kemper d/b/a Kemper Tree Services and Johnny Kemper – The
Board accepted for hearing this petition for review of an administrative citation
against these Edgar County respondents.
4-0
AC 06-35 IEPA v. Jerry L. Watson – The Board directed respondent to file an amended
petition for review specifying the grounds for appeal within 30 days, or the
Board will dismiss this matter.
4-0
AC 06-36 IEPA v. Robert J. Kerker and Dale Kerker d/b/a Kerker Construction – The
Board found that these Schuyler County respondents violated Sections 21(p)(1),
(p)(3) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2004)), and
ordered respondents to pay a civil penalty of $4,500.
4-0
AC 06-37 County of Jackson v. James Qualls – The Board found that this Jackson County
respondent violated Section 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1),
(p)(7) (2004)). Because there are two violations of Section 21(p) and these
violations are subsequent offenses, respondent was ordered to pay a civil penalty
of $6,000.
4-0
Motions and Other Matters
PCB 97-97 OK Service Center, Ltd. v.. IEPA – The Board granted this Cook County
facility’s motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 97-112 OK Service Center, Ltd. v. IEPA - The Board granted this Cook County
facility’s motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 03-183 People of the State of Illinois v. Passavant Area Hospital – 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
Morgan County facility, the Board ordered publication of the required newspaper
notice.
4-0
A-E
Environmental Register – May 2006
11
PCB 03-215 People of the State of Illinois v. Huck Store Fixture Co., 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 an
Adams County facility, the Board ordered publication of the required newspaper
notice.
4-0
A-E
PCB 05-139 People of the State of Illinois v. Bath Incorporated – The Board granted
complainant’s motion for summary judgment and ordered respondent to
reimburse the Illinois Environmental Protection Agency for response action costs
in the amount of $2,838,368.53 and to pay $8,515,105.59 in punitive damages.
4-0
L-E
PCB 05-157
Grand Pier Center L.L.C. American International Specialty Lines Insurance Co.
as subrogee of Grand Pier Center L.L.C. v. River East L.L.C., Chicago Dock and
Canal Trust, Chicago Dock and Canal Company, and Tronox L.L.C., f/k/a Kerr-
McGee Chemical L.L.C. – The Board granted the motion of respondent/counter-
complainant Tronox L.L.C., f/k/a Kerr-McGee Chemical L.L.C., to withdraw its
summary judgment and to motion amend the caption as directed here.
4-0
Citizens
L-E
PCB 05-180 People of the State of Illinois v. ACI Environmental Corporation and Asbestos
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 DuPage County facility, the Board ordered
publication of the required newspaper notice.
4-0
A-E
PCB 06-2 People of the State of Illinois v. Laidlaw Corporation – 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
Massac County facility, the Board ordered publication of the required newspaper
notice.
4-0
L-E
PCB 06-130
PCB 06-145
Arlyn D. Fisk d/b/a Arlyn Fisk’s Service Center v. IEPA – The Board granted
petitioner’s motion to consolidate PCB 06-130 and PCB 06-145 for purposes of
hearing.
4-0
UST Appeal
PCB 06-135 Environmental Protection Industries, Inc. v. IEPA – The Board dismissed this
underground storage tank appeal for petitioner’s failure to file an amended
petition for review as ordered on February 16, 2006.
3-0
Melas
abstained
UST Appeal
PCB 06-143 People of the State of Illinois v. Astec Mobile Screens, Inc. – Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to request
relief from the hearing requirement in this Resources Conservation Recovery Act
enforcement action involving a Whiteside County facility, the Board ordered
publication of the required newspaper notice.
4-0
L-E
Environmental Register – May 2006
12
PCB 06-152 James Chew and Lynn Chew v. Dirk F. Borgsmiller and Sports Blast, L.L.C. –
The Board found that the alleged violations were neither duplicative nor
frivolous and accepted for hearing this matter involving a Jackson County site.
4-0
Citizens
N-E
PCB 06-160 People of the State of Illinois v. Matrix National Investment Corp. – The Board
accepted for hearing this water enforcement action involving a site located in Jo
Daviess County.
4-0
W-E
PCB 06-161 Bill, Pat, and Brad Walk (Property Identification Number 2127-02-00-300-004)
v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Bill,
Pat, and Brad Walk 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 (2004)).
4-0
T-C
PCB 06-162 C&B Farms-Kingston (Property Identification Number 05-02-300-007) v. IEPA
– Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of C&B
Farms-Kingston located in DeKalb County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-164 Village of Caseyville, Illinois v. IEPA – The Board accepted for hearing this
permit appeal involving a St. Clair County facility.
4-0
P-A, Water
PCB 06-165 The Andersons Agriservices, Inc.-Champaign (Property Identification Number
12-14-29-400-004) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that
specified facilities of Andersons Agriservices, Inc. located in Champaign County
are pollution control facilities for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2004)).
4-0
T-C
PCB 06-166 Wabash Valley Service Company-McLeansboro (Property Identification
Numbers 07-044-001-00 and 11-025-005-10) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found
and certified that specified facilities of Wabash Valley Service Company-
McLeansboro located in Hamilton County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-167 Sheffey Farms, Inc. (Pearl City Facility) (Property Identification Number 89-17-
10-100-004) v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that specified facilities
of Sheffey Farms, Inc. (Pearl City Facility) located in Stephenson County are
pollution control facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2004)).
4-0
T-C
Environmental Register – May 2006
13
PCB 06-168 Larry Wernsing (Raymond Facility) (Property Identification Number 13-000-
148-00) v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that specified facilities
of Larry Wernsing (Raymond Facility) located in Montgomery County are
pollution control facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2004)).
4-0
T-C
PCB 06-169 Patrick J. Harms Hog Production (Charlotte Facility) (Property Identification
Number 24-24-18-300-007) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Patrick J. Harms Hog Production (Charlotte
Facility) located in Livingston County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-170 Patrick J. Harms Hog Production (Pleasant Ridge Facility) (Property
Identification Number 23-23-17-300-009) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Patrick J. Harms Hog Production (Pleasant
Ridge Facility) located in Livingston County are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
PCB 06-171 American Bottom Conservancy v. IEPA and United States Steel Corporation –
Granite City Works – The Board accepted for hearing this permit appeal
involving a St. Clair County facility. The Board also granted leave to appear pro
hac vice to Maxine I. Lipeles on behalf of petitioner.
4-0
P-A, NPDES
3d Party
PCB 06-172 People of the State of Illinois v. The Carle Foundation Hospital – 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 Champaign County facility, the Board ordered publication of the
required newspaper notice.
4-0
L-E
New Cases
May 18, 2006 Board Meeting
06-160
People of the State of Illinois v. Matrix National Investment Corp. – The Board accepted for hearing this
water enforcement action involving a site located in Jo Daviess County.
06-161
Bill, Pat, and Brad Walk (Property Identification Number 2127-02-00-300-004) v. IEPA – Upon receipt of
the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified
facilities of Bill, Pat, and Brad Walk 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 (2004)).
06-162
C&B Farms-Kingston (Property Identification Number 05-02-300-007) v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities
Environmental Register – May 2006
14
of C&B Farms-Kingston located in DeKalb County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2004))
06-163
The Theodore Kosloff Trust (as formed by the Irrevocable Agreement of Trust of Theodore Kosloff, dated
December 6, 1989, for Rachel Kosloff and Abigail Kosloff, a Pennsylvania trust) v. A&B Wireform Corporation –
No action taken.
06-164
Village of Caseyville, Illinois v. IEPA – The Board accepted for hearing this permit appeal involving a St.
Clair County facility.
06-165
The Andersons Agriservices, Inc.-Champaign (Property Identification Number 12-14-29-400-004) v. IEPA
– Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified
that specified facilities of Andersons Agriservices, Inc. located in Champaign County are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).
06-166
Wabash Valley Service Company-McLeansboro (Property Identification Numbers 07-044-001-00 and 11-
025-005-10) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Wabash Valley Service Company-McLeansboro located in Hamilton
County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2004))
06-167
Sheffey Farms, Inc. (Pearl City Facility) (Property Identification Number 89-17-10-100-004) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that
specified facilities of Sheffey Farms, Inc. (Pearl City Facility) located in Stephenson County are pollution control
facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).
06-168
Larry Wernsing (Raymond Facility) (Property Identification Number 13-000-148-00) v. IEPA – Upon
receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that
specified facilities of Larry Wernsing (Raymond Facility) located in Montgomery County are pollution control
facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).
06-169
Patrick J. Harms Hog Production (Charlotte Facility) (Property Identification Number 24-24-18-300-007) v.
IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Patrick J. Harms Hog Production (Charlotte Facility) located in Livingston
County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2004)).
06-170
Patrick J. Harms Hog Production (Pleasant Ridge
Facility) (Property Identification Number 23-23-17-300-
009) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found
and certified that specified facilities of Patrick J. Harms Hog Production (Pleasant Ridge Facility) located in
Livingston County are pollution control facilities for the purpose of preferential tax treatment under the Property
Tax Code (35 ILCS 200/11-10 (2004))
06-171
American Bottom Conservancy v. IEPA and United States Steel Corporation – Granite City Works – The
Board accepted for hearing this permit appeal involving a St. Clair County facility. The Board also granted leave to
appear pro hac vice to Maxine I. Lipeles on behalf of petitioner.
06-172
People of the State of Illinois v. The Carle Foundation Hospital – 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 Champaign County facility, the Board ordered publication of the required newspaper notice.
AC 06-038
County of Wayne v. Mr. William Slane – The Board accepted an administrative citation against this
Wayne County respondent.
AC 06-039
City of Chicago Department of Environment v. Speedy Gonzalez Landscaping, Inc. – The Board
accepted an administrative citation against this Cook County respondent.
AC 06-040
City of Chicago Department of Environment v. Jose R. Gonzalez – The Board accepted an
administrative citation against this Cook County respondent.
AC 06-041
City of Chicago Department of Environment v. 1601-1759 East 130th Street, L.L.C. – The Board
accepted an administrative citation against this Cook County respondent.
Environmental Register – May 2006
15
AC 06-042
County of LaSalle v. Bill Shawback – The Board accepted an administrative citation against this
LaSalle County respondent.
AC 06-043
County of LaSalle v. Bill Shawback – The Board accepted an administrative citation against this
LaSalle County respondent.
Calendar
6/1/06
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
6/12/06
1:00 PM
R06-25
In the Matter of: Proposed New 35 Ill.
Adm. Code 225 Control of Emissions
From Large Combustion Sources
(Mercury)
(to be continued day-to-day until business
is completed or until June 23, 2006)
Illinois Environmental Protection
Agency Office Building
Training Room 1214 West
1021 N. Grand Avenue East,
North Entrance
Springfield
6/14/06
9:30 AM
PCB 03-54
Freedom Oil Company v. IEPA
(Consolidated: PCB 03-54, 56, 105, 179,
and 04-02
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
(North Entrance)
Springfield
6/14/06
9:30 AM
PCB 03-56
Freedom Oil Company v. IEPA
(Consolidated: PCB 03-54, 56, 105, 179,
and 04-02)
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
(North Entrance)
Springfield
6/14/06
9:30 AM
PCB 03-105
Freedom Oil Company v. IEPA
(Consolidated: PCB 03-54, 56, 105, 179,
and 04-02)
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
(North Entrance)
Springfield
6/14/06
9:30 AM
PCB 03-179
Freedom Oil Company v. IEPA
(Consolidated: PCB 03-54, 56, 105, 179,
and 04-02)
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
(North Entrance)
Springfield
6/14/06
9:30 AM
PCB 04-02
Freedom Oil Company v. IEPA
(Consolidated: PCB 03-54, 56, 105, 179,
and 04-02)
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
(North Entrance)
Springfield
Environmental Register – May 2006
16
6/14/06
9:30 AM
R06-24
In the Matter of: Revisions to Water
Quality Standards for Total Dissolved
Solids in the Lower Des Plaines River for
ExxonMobil Oil Corporation: Propose
35 Ill. Adm. Code 303.445
Emco Building
Will County Mandatory
Arbitration
57 North Ottowa Street
Joliet
6/15/06
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
6/29/06
1:00 PM
R06-20
In the Matter of: Proposed Amendments
to the Board’s Special Waste Regulations
Concerning Used Oil, Ill. Adm. Code
808, 809
Michael A. Bilandic Building
Room N-502
160 LaSalle St.
Chicago
7/5/06
11:00 AM
AC 06-32
County of Jackson v. David Skidmore
Jackson County Health
Department Conference Room #1
415 Health Department Road
Murphysboro
7/6/06
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
7/20/06
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
8/14/06
1:00 PM
R06-25
In the Matter of: Proposed New 35 Ill.
Adm. Code 225 Control of Emissions
From Large Combustion Sources
(Mercury)
(to be continued day-to-day until business
is completed or until August 25, 2006)
James R. Thompson Center
Assembly Hall
Concourse Level
100 W. Randolph Street
Chicago
Provisional Variance
IEPA 06-12 Pekin Paperboard Company v. IEPA
—On May 16, 2006, the Illinois Environmental Protection
Agency granted the Pekin Paperboard Company (PPC) a provisional variance, subject to conditions, from the limits
for the parameters for chemical biological oxygen demand (CBOD), total suspended solids (TSS) and Ammonia as
N of National Pollution Discharge Elimination System Permit IL0037729 for Outfall A01. The PPC requested this
relief to remove solids in the settling portion of its wastewater treatment lagoon located at its facility at 1525 South
Environmental Register – May 2006
17
Second Street in Pekin. The provisional variance is in effect for the time period from May 16, 2006, and shall
continue for a period of 30 days.
Public Act 93-0152 (Senate Bill 222) amended Sections 35-37 of the Illinois Environmental Act (415 ILCS 5/5(b)
(2002)) so that provisional variances are issued by the Illinois Environmental Protection Agency (IEPA). If the
IEPA grants a provisional variance, then the IEPA must file a copy of its written decision with the Board. The
Board must maintain copies of the provisional variances for public inspection. Copies of provisional variances can
be obtained by contacting the Clerk’s Office at (312) 814-3620, or by visiting the Board’s Website at
www.ipcb.state.il.us. If the IEPA denies a provisional variance request, then the applicant may initiate a
proceeding with the Board for a full variance.
------------------------------------------------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
