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G. Tanner Girard, Acting Chairman

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) 814-6032 TDD

Illinois Pollution Control Board

1021 North Grand Avenue East

Springfield, Illinois 62794-9274

Web Site: http://www.ipcb.state.il.us

Letter from the Chairman

On July 20, 2006, the Illinois Pollution Control Board adopted amendments to

the Board’s administrative rules at 2 Ill. Adm. Code 2175. The administrative

rules address the Board’s organization, types of Board proceedings, how to pay

filing and copying fees, and how the public may access information regarding

the Board’s caseload. Three major factors made these changes to the Board’s

administrative rules necessary.

First, amendments to statutes, including the Environmental Protection Act (Act)

(415 ILCS 5 (2004)), have affected the Board. Those amendments include

Public Act 93-509 (eff. Aug. 11, 2003) that amended the Act by reducing the

number of Board Members from seven to five. 415 ILCS 5/5(a). Public Act 93-

523 (eff. Jan. 1, 2004) amended the Open Meetings Act to require that public

bodies keep a “verbatim record of all their closed meetings in the form of an

audio or video recording.” 5 ILCS 120/2.06(a). The Board complies with this

new requirement by audio taping its closed deliberative sessions held pursuant to

Section 2(c)(4) of the Open Meetings Act (5 ILCS 120/2(c)(4) (2004)). Other new provisions of the Open Meetings

Act, brought about by Public Act 94-28 (eff. Jan. 1, 2006), impose various Web site posting requirements on certain

Second, the Board adopted an entirely new set of procedural rules in 2000, and the Board now cross-references

them in its administrative rules.

Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code 101-130, R00-20

(Dec. 21, 2000). The Board developed the new procedural rules to more efficiently and effectively implement the

Act and other laws and to make public to participation in Board proceedings easier.

Third, the amended administrative rules update information about the Board. The Board’s Web site

(www.ipcb.state.il.us) has continued to evolve, including the creation of COOL (Clerk’s Office On Line) and

electronic filing. Other developments at the Board, reflected in these amendments, are as basic as noting a new

address for the Board’s Springfield office. The rules also show that the Board now conducts meetings by

videoconference between Chicago and Springfield. In addition, the Board’s organizational chart has been updated.

We believe that the amended administrative rules will assist citizens and affected parties participate in Board

activities. I am also confident that Illinois citizens will be able to more easily access information about the Board

and our caseload.

G. Tanner Girard, Ph.D.

Acting Chairman

Environmental Register – July 2006

Inside This Issue:

ADJUSTED STANDARDS

PROVISIONAL VARIANCES

RESTRICTED STATUS/CRITICAL REVIEW

Federal Update

United States Environmental Protection Agency Adopts Final Standards of Performance for

Stationary Compression Ignition Internal Combustion Engines Under the Clean Air Act

On July 11, 2006 (71 Fed. Reg. 39153), the United States Environmental Protection Agency

(USEPA) adopted a final rule setting standards of performance for stationary compression ignition

(CI) internal combustion engines (ICE).

The standards implement section 111(b) of the Clean Air Act and are based on the USEPA's

determination that stationary CI ICE cause, or contribute significantly to, air pollution that may

reasonably be anticipated to endanger public health or welfare. USEPA stated that the intended

effect of the standards is to require all new, modified, and reconstructed stationary CI ICE to use

the best demonstrated system of continuous emission reduction, considering costs, non-air quality

health, and environmental and energy impacts, not just with add-on controls, but also by

eliminating or reducing the formation of these pollutants. The final standards will reduce nitrogen

oxides by an estimated 38,000 tons per year (tpy), particulate matter by an estimated 3,000 tpy,

sulfur dioxide by an estimated 9,000 tpy, non-methane hydrocarbons (NMHC) by an estimated

600 tpy, and carbon monoxide by an estimated 18,000 tpy in the year 2015.

The final rule is effective on September 11, 2006.

For further information contact Mr. Jaime Pagan, Energy Strategies Group, Sector Policies and

Programs Division (D243-01), U.S. EPA, Research Triangle Park, North Carolina 27711;

telephone number (919) 541-5340; facsimile number (919) 541-5450; electronic mail address

pagan.jaime@epa.gov.

If any amendments to the Illinois air rules become necessary, the Board would expect the Illinois

Environmental Protection Agency to propose amendments using the Clean Air Act “fast-track”

procedures at Section 28.5 of the Environmental Protection Act (415 ILCS 5/28.5 (2006)).

United States Environmental Protection Agency Proposes “Significant New Use Rule” for

Mercury Switches in Motor Vehicles Under the Toxic Substances Control Act

On July 11, 2006 (71 Fed. Reg. 39035), the United States Environmental Protection Agency

(USEPA) proposed a “significant new use rule” under section 5(a)(2) of the Toxic Substances

Control Act for elemental mercury used in convenience light switches, anti-lock braking system

switches, and active ride control system switches in certain motor vehicles.

Environmental Register – July 2006

The proposed amendments would require persons who intend to manufacture, import, or process

mercury for these uses, including when mercury is imported or processed as part of an article, to

notify USEPA at least 90 days before commencing such activity.

USEPA stated that it believes that this action is necessary because manufacturing, processing, use,

or disposal of mercury switches may produce significant changes in human and environmental

exposures. The required notice would provide USEPA with the opportunity to evaluate the use of

mercury in these switches, and, if necessary, to prohibit or limit such activity before it occurs to

prevent unreasonable risk of injury to human health or the environment.

Comments must be received on or before September 11, 2006. Comments should be submitted,

identified by docket identification (ID) number EPA-HQ-OPPT-2005-0036, by one of the

following methods:

1) Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for

submitting comments.

2) Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT),

Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

For general information contact Colby Lintner, Regulatory Coordinator, Environmental

Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental

Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone

number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.

United States Environmental Protection Agency Adopts Amendments to the Hazardous

Waste Management System for Cathode Ray Tubes Under the Resource Conservation and

Recovery Act

On July 28, 2006 (71 Fed. Reg. 42927), the United States Environmental Protection Agency

(USEPA) adopted amendments to the Hazardous Waste Management System regulations under

the Resource Conservation and Recovery Act (RCRA) to exclude from the definition of solid

waste used cathode ray tubes (CRTs) that are recycled. A CRT is the glass video display

component of an electronic device (usually a computer or television monitor). USEPA imposed

conditions on the exclusion to ensure management of used CRTs as commodities, rather than as

In this rule, USEPA is amending its RCRA regulations to streamline management requirements

for recycling of used CRTs and glass removed from CRTs. CRTs contain heavy metals of

concern; the principal concern is lead, which is generally present in levels high enough to render

CRTs hazardous waste for toxicity. Mercury, cadmium, and arsenic are also present, but usually

in levels lower than the toxicity characteristic. The amendments exclude these materials from the

RCRA definition of solid waste if certain conditions are met. USEPA stated that this rule is

intended to encourage recycling and reuse of used CRTs and CRT glass. USEPA proposed this

rule on June 12, 2002 (67 FR 40508).

The final rule is effective on January 29, 2007.

For further information contact Ms. Marilyn Goode, Office of Solid Waste, Mail Code 5304W,

U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC

20460, (703) 308-8800, email: goode.marilyn@epa.gov.

The Board will include any additional necessary amendments to Board rules resulting from this

federal action in a future RCRA identical in substance rulemaking pursuant to Section 7.2 and

22.4 of the Environmental Protection Act (415 ILCS 5/7.2 and 22.4 (2006)).

Environmental Register – July 2006

Rule Update

Board Adopts Second Notice Opinion and order in Clean Construction or Demolition Debris

Fill Operations Under P.A. 94-272 (35 Ill. Adm. Code Part 1100) (R06-19)

On July 6, 2006, the Board adopted a second notice opinion and order in Clean Construction or

Demolition Debris Fill Operations Under P.A. 94-272 (35 Ill. Adm. Code Part 1100) (R06-19).

The Board made some changes to its first notice proposal in response to comments received

during the first notice period. Additionally, the Board made several changes to the text of the rule

as it was published in the

Illinois Register

(April 21, 2006 at 30 Ill. Reg. 7711) to make the text

match the Board’s first notice order. The Board sent this rulemaking, as required by the Illinois

Administrative Procedure Act (5 ILCS 100/1-1

(2004)), to the Joint Committee on

Administrative Rules (JCAR) for review at its August 8, 2006 meeting.

This rulemaking proposes to add a new Part 1100 of the Board’s regulations concerning clean

construction or demolition debris (CCDD) fill operations. The Illinois Environmental Protection

Agency (IEPA) proposed the amendments January 26, 2006, pursuant to Public Act 94-272, to

allow the use of clean construction or demolition debris as fill material in current and former

quarries, mines, and other excavations. The statutory deadline for Board adoption of CCDD rules

is September 1, 2006, and the Board anticipates adopting a final order at its meeting August 17,

2006, assuming JCAR has no objection to the rules as proposed.

The majority of the fill sites for CCDD are in the Northeastern part of Illinois. There are also

several sites in Southern Illinois. Eighty-three sites have applied for interim authorization to use

CCDD as fill in current or former mine, quarry, or other excavations. The IEPA stated that, of

these, 24 accept less than 10,000 cubic yards per year, 28 accept an estimated 10,000 to 50,000

cubic yards of CCDD per year, and 31 accept more than 50,000 cubic yards.

The proposed new Part 1100 establishes a permit program for the use of CCDD in former

quarries, mines, or other excavations. Subpart A of the proposed Part 1100 establishes the scope

of the regulation, provides definitions, and clarifies the applicability of the permit program.

CCDD fill operations at facilities that are permitted as a landfill under Sections 35 Ill. Adm. Code

807, or 811 through 814 (municipal, chemical, or putrescible waste landfills) are exempt from the

proposed Part 1100 CCDD permitting rules because the landfill permitting rules are more

protective. Facilities permitted under Sections 807 or 811 through 814 can accept CCDD without

obtaining a permit under the proposed Section 1100.

Subpart B sets forth the standards applicable to the operation of CCDD facilities, CCDD load

inspections, closure and postclosure plans, including recordkeeping requirements and annual

Subpart C identifies what information an applicant must include in the permit application, which

includes notification to local and State government officials, location and facility maps, facility

description, proof of ownership, surface water controls, and plans for closure and postclosure.

The procedural rules that both the IEPA and applicants must follow for permitting are contained

in Subpart D. Subpart D proposes standards for approval and denial and provides the IEPA’s

deadlines for review of permit applications. The IEPA must make a final decision on an

application within 90 days of receiving the application or the permit is deemed issued.

According to proposed Section 1100.408, permits issued under Part 1100 will have a term of 10

The Board received comments on its first notice proposal that touched on the following six

general topics in the proposed rule language. Description of he Board’s response follows the

description of the comments:

Environmental Register – July 2006

The Definition of “Uncontaminated” Debris

Vulcan Materials Company, Land Reclamation Services, Inc., and Rockford Sand and Gravel,

Inc. (RSG) requested additional clarification of the term “Uncontaminated Debris.” The

comments stated that the term was too broad and ambiguous, and questioned how the Board’s use

of “uncontaminated” would be reconciled with the Illinois Department of Transportation’s

(IDOT) definition of the term. RSG pointed out the IDOT use of “uncontaminated” allows for a

field PID reading of up to ten units above background levels before the load is considered

contaminated, while the Board’s first notice regulations require that readings at the CCDD

disposal site be at or below background levels. The IEPA stated in its comments that the

Environmental Protection Act, not IDOT specifications, must be the guide in determining the

status of CCDD.

The Office of the Attorney General (AG) suggested that the Board include a list of items typically

found in demolition debris that should be prohibited from entering a CCDD site.

The Board found that no new language was required to clarify the definition of “uncontaminated.”

The Board noted that the load-checking requirements of the proposed Section 1100.205 allow

either a facility-designated inspector or an IEPA inspector to reject any load resulting in a

contaminant reading above background levels. Accordingly, because each load must be checked

and may be rejected if produces readings above background levels of contamination, the Board

found that the proposed Section 1100.205 was adequately instructive. The Board also noted that

the rules place the liability for complying with the Part 1100 rules on the owners and operators of

a CCDD site, which should serve as an incentive for those owners and operators to ensure that

they are only accepting waste that is suitable for their sites.

IDOT Specifications

RSG requested that the Board provide clarification on the applicability of IDOT specifications for

the use of CCDD from an IDOT project when those standards are different from the ones

established by the Board. The IEPA pointed out that to ensure that the material hauled from an

IDOT project can be accepted at a CCDD fill site, an IDOT contractor should not analyze the

material under IDOT specifications. Rather, an IDOT contractor should consider whether the

material will pass the screening process for CCDD fill operations. The IEPA emphasizes,

however, that the burden of determining what is acceptable for use as fill at a CCDD site

ultimately lies with the owner or operator of the CCDD fill operation.

The Board found that the rules, as proposed, were clear as to the requirements of what standards

were applicable in the treatment of CCDD.

Instrument Calibration and Load-Checking Program

The AG was opposed to calibrating load checking devices (such as the photo ionization detector

(PID) and flame ionization detector (FID) devices) to background levels. Additionally, the AG

requested that the Board require that facilities that accept CCDD use an X-ray fluorescence (XRF)

analyzer to test for the presence of metals, at an estimated $35,000 per XRF analyzer. The AG

also recommended that the load-checking program include a requirement that the facility visually

inspect for asbestos-containing materials. The Illinois Association of Aggregate Producers

(IAAP) argued that the AG’s proposal to check every load for metals using X-ray fluorescence

analyzers would produce frequent false positives because the tests would detect naturally

occurring metals in the soil.

The Board did not add an XRF analyzer requirement to the rule, finding that it was an overly

expensive option, and that the statutory definition of CCDD itself precluded fill contaminated

with metals. The Board noted that the rule language does currently require all facility personnel

to be trained in identifying material that is not CCDD, including asbestos.

Environmental Register – July 2006

Leachate and Contingent Groundwater Sampling Requirements

The AG proposed that the Board include groundwater monitoring or leachate sampling and

analysis in the rule, stating that the first notice proposal includes load checking only for volatile

organic compounds, yet inappropriate substances such as metals will also be present in incoming

loads. The IAAP disagreed that operators should perform leachate sampling and groundwater

monitoring at CCDD fill sites and argues that the AG relied on other states’ C&D regulations as

the basis for this comment and proposal. L&LC supported the IAAP’s position.

The Board noted that several post first-notice public comments confused CCDD with a broader

category of materials known generally as construction and demolition (C&D) debris. C&D debris

sites, known in Illinois as inert waste landfills, are allowed to accept a much broader range of

demolition debris including wood, roofing material, cardboard, and wall board. All of these items

are excluded from the statutory definition of CCDD. The Board did not make changes to the rule

inconsistent with the statutory definition. The Board declined to include leachate testing and

contingent groundwater sampling requirements.

“Required Signatures”

The AG suggested that the Board add a subsection to Section 1100.303 “Required Signatures”

requiring a member to sign for a member-managed limited liability company (LLC) and a

manager or member to sign for a manager-managed LLC to ensure that the IEPA will be able to

identify the responsible party.

The Board added a new subsection to 1100.303(b) to require signatures on permit applications on

behalf of LLCs. The Board added signatories for LLCs to the list of duly authorized agents of the

owner or operator.

IEPA Clarifications

The IEPA requested that the Board make changes to the text of the rule, as it was published in the

Illinois Register

, to make the text match the Board’s first notice order. The Board made the

recommended changes.

The Board held two public hearings on the proposal, the first on January 26, 2006 in Chicago and

the second on March 1, 2006 in Springfield.

Copies of the Board’s opinion and order in R06-19 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

antonia@ipcb.state.il.us

Board Adopts First Notice Opinion and Order in Standards and Requirements for Potable

Water Well Surveys and for Community Relations Activities Performed in Conjunction

with Agency Notices of Threats From Contamination Under P.A. 94-314 (35 Ill. Adm. Code

1600) (R06-23)

On July 6, 2006, the Board adopted a second notice opinion and order in Standards and

Requirements for Potable Water Well Surveys and for Community Relations Activities Performed

in Conjunction with Agency Notices of Threats From Contamination Under P.A. 94-314

Adm. Code 1600) (R06-23). The Board made several changes to its first notice proposal,

published in the

Illinois Register

on May 5, 2006 at 30 Ill. Reg. 8061. These included changing

the Part number of the proposed new Part from 1505 to 1600. The Board sent this rulemaking, as

required by the Illinois Administrative Procedure Act (5 ILCS 100/1-1

(2004)), to the Joint

Committee on Administrative Rules (JCAR) for review at its August 8, 2006 meeting.

Public Act 94-314, effective July 25, 2005, added a new Title VI-D (“Right-To-Know”) to the

Environmental Protection Act (Act) (415 ILCS 5/1

.). Public Act 94-314 requires the Board

to adopt well survey and community relations rules within 240 days of its effective date. The

Environmental Register – July 2006

Illinois Environmental Protection Agency (IEPA or Agency) proposed the amendments January

20, 2006 to set up a "voluntary approach to community relations activities and to keep the

emphasis on the Agency notices" of contamination to certain members of the public under certain

circumstances as established in P.A. 94-314. The statutory deadline for Board adoption of these

rules is September 17, 2006, and the Board anticipates adopting a final order at its meeting August

17, 2006, assuming JCAR has no objection to the rules as proposed.

Public Act 94-314 directed the IEPA to propose rules requiring potable water well surveys and

community relations activities in response to releases of contaminants that have impacted or may

impact offsite groundwater or soil. In response, the IEPA has proposed a new Part that codifies

procedures currently followed by the IEPA in conducting potable water supply well surveys when

those surveys are required under the Act or Board rules. Also required by Public Act 94-314, the

proposed new Part defines how the IEPA, or any party authorized by the IEPA, must conduct

community relations activities in response to releases of contaminants that have impacted or may

impact offsite potable water supply wells. The regulations governing community relations

activities are in addition to, not in lieu of, any existing reporting and notification requirements.

The proposed new Part 1600 contains three subparts. Subpart A contains general information.

Subpart B contains the procedures for performing potable water well surveys as part of response

actions taken to address releases of contaminants. Subpart C contains the standards and

requirements for community relations activities to be developed and implemented when the

authorized party agrees to take on the IEPA’s notice obligations as part of IEPA-approved

community relations activities.

The proposed new Part 1600 dictates that specified potable water well surveys and community

relations activities must be taken in response to releases of contaminants that have impacted or

may impact offsite groundwater or soil. The proposal includes minimum standards for the

performance and documentation of water well surveys required under applicable Board rules.

When water well surveys are required, Subpart B requires compliance with minimum standards

during site investigations to ensure complete and accurate identification of the existence and

location of potable water supply wells. Additionally, the proposal contains the standards and

requirements for community relations activities to be developed and implemented when the

responsible party agrees to take on the IEPA notice obligations as part of IEPA-approved

community relations activities.

The Board received comments on its first notice proposal that touched on the following five

general topics in the proposed rule language. Description of he Board’s response follows the

description of the comments:

IEPA’s Errata Sheet

The IEPA filed a second errata sheet after first notice publication with suggested rule language

changes to provide clarification to the proposed new Part. The IPEA proposed that the Board

change the phrase “measured and modeled” to “measured or modeled” in Sections

1600.210(c)(2)(A), (B), and (e)(2). According to the IEPA, characterization of groundwater

contaminant concentrations will usually require both measured and modeled data, but there are

In the original proposal, the IEPA proposed two levels of community relations activities, but

required authorized parties to create community relations plans (CRP) only in situations with

greater contamination impacts. To be consistent with statutory requirements, the IEPA proposed

that the Board revise Section 1600.310(b) so that authorized parties must create CRPs in situations

of both lesser and greater contamination.

The IEPA also requested that the Board revise Section 1600.310(b) to clarify that notice is

separate from the fact sheet and to incorporate the statutory language for the required contents of

Environmental Register – July 2006

The IEPA proposed language in Section 1600.320 to clarify that a website repository is

mandatory in all cases, and a physical repository is an additional requirement under certain

conditions if requested by the public.

In its errata sheet, the IEPA proposed deleting Section 1600.335(b)(2), regarding IEPA

monitoring of an authorized party’s implementation of community relations activities. The IEPA

stated that this section is discretionary and that the types of monitoring discussed are implicit in

the IEPA’s statutory authority to investigate violations of the Act. The IEPA stated it would, for

example, attend all public meetings scheduled by the authorized party.

The Board agreed with the IEPA’s suggestions in its errata sheet and made the proposed changes

to the rule text. Additionally, the Board has changed the Part number of the proposed new Part

from 1505 to 1600 to more clearly differentiate the Subpart O rules from the existing Subpart N

Fact Sheets Content

Citizens Against Ruining the Environment (CARE) stated that the rule should require authorized

parties to distribute a fact sheet under Section 1600.310, where a release affects five or fewer

wells. CARE insisted that fact sheets notify recipients of their right under §1600.320 to request a

document repository at a physical location since many recipients may be without a computer.

CARE also requested that the fact sheet contain verification that the information contained in the

sheet is approved by the IEPA and notice that the fact sheet is not junk mail. Moreover, CARE

believes that either the IEPA or the authorized party should include information to fact sheet

recipients about the availability of Toxicological Profiles, frequently asked questions about

hazardous substances (ToxFAQs), and other resources freely provided by the federal Agency for

the Toxic Substances and Disease Registry.

The Board found that CARE’s suggestion that fact sheets distributed under Section 1600.310 must

provide responses to key community concerns was well reasoned. The Board amended the text to

require fact sheets distributed pursuant to Section 1600.315(b)(3)(G), where a release affects more

than five wells or properties, must contain responses to key community concerns. The Board also

made changes to the text to require that these responses should also be required where a release

affects five or fewer wells or properties. The Board did not make CARE’s suggested change that

fact sheets additionally inform recipients of their right to request a document repository at a

physical location. The Board did not believe that this was warranted since Section

1600.315(b)(3)(H) and (I) require fact sheets to include the Internet address of the document

repository, and information about how to obtain copies. The Board also declined to make

CARE’s suggested change that fact sheets contain information about the availability of

Toxicological Profiles, ToxFAQs, or other resources provided by the United States Environmental

Protection Agency for the Toxic Substances and Disease Registry because the standards in

Section 1600.315(b)(3)(A) already require fact sheets to include the

nature and extent

contaminants identified at 35 Ill. Adm. Code 1600.315(b)(3)(A). Because the rules as currently

drafted require fact sheets to contain contact information of an IEPA designated staff person, and

a statement that additional information may be available by contacting that staff person, the rules

do not need to have additional information requirements.

Website Repository

Illinois Environmental Regulatory group (IERG) stated that according to the current Section

1600.320, upon request of one individual, the authorized party must provide the individual with a

copy of the complete document repository. If further requests are made, the authorized party must

establish a physical repository at a public location. IERG contended that the two-tiered approach

of providing physical documents is inefficient and potentially burdensome. IERG recommended

that a physical repository in a public location should be made upon the initial request.

CARE suggested that the rule limit the content of the online document repository to prevent

authorized parties from including advertisements or information unapproved by the IEPA.

Environmental Register – July 2006

The Board agreed with IERG’s recommendation that a physical repository be made in a public

location upon the initial request. The Board did not add an explicit requirement that the online

document repository be limited to prevent authorized parties from including advertisements, since

the IEPA’s oversight authority is already adequate to prevent authorized parties from including

such materials.

Replacing Term “Responsible Party” With “Authorized Party”

Several participants recommended deleting or defining the term “responsible party” from the

proposed rule language. Instead of defining the “responsible party” for the purposes of Part 1600,

the IEPA proposed to define and use the phrase “authorized party” when describing any party

authorized by the IEPA to provide notice in lieu of the IEPA. The IEPA also proposed to revise

the rule so there is consistent use of the term “authorized party” throughout Subpart C. IERG

supported using the term “authorized party” to replace the term “responsible party.”

CARE requested that the Board amend the proposed Section 1600.305 to allow the IEPA

discretion to choose one authorized party among several candidates or allow multiple authorized

parties to work cooperatively to avoid disputes and resulting delays.

The Board agreed with the IEPA that the replacement of the term “responsible party” with

“authorized party” throughout the proposal is a positive change because it eliminates potential

liability connotations that the public may associate with the IEPA’s cost recovery rules. The

Board also agreed that by defining the term “authorized party” in Subpart A, references to persons

authorized by the IEPA to provide notice are more consistent throughout the remainder of the

proposal. In response to CARE’s comments, the Board amended the definition of “authorized

party.” By changing the definition to read that “authorized party,” means “a” person rather than

“the” person, the definition allows the IEPA to authorize more than one party.

Notification of Occupants “to the Extent Reasonably Practicable”

Mrs. Dinschel and Ms. Muniz, who participated in the hearings and filed comments in this

rulemaking, both expressed concern that the language requiring identification of occupants “to the

extent reasonably practicable” creates a loophole that authorized parties may use to avoid

notifying occupants. Mrs. Dinschel and Ms. Muniz requested clarification of what “to the extent

reasonably practicable” means. CARE was concerned that the proposed rule does not list specific

methods for identification of occupants. IERG identified the difficulties associated with notifying

occupants and reiterated IERG’s concern that an absolute requirement exposes the regulated

community to enforcement actions even if the authorized party has made a good faith effort to

notify all occupants. The IEPA stated that the community relations concept includes more than

affected property owners and more than simple notice, and the new requirements in Public Act

94-314 indicates that the community relations activities adopted by the Board must foster and

maintain a dialogue with the community. As such, the IEPA stated that it would use its oversight

of the program to ensure that the authorized parties make a full effort to contact occupants of a

potentially affected building.

The Board did not make any changes to add a listing of specific methods for identification of

occupants for purposes of notification. The Board agreed that the IEPA’s oversight functions

would allow the IEPA to advise the authorized party on how to make the proper notifications.

Failing that, the IEPA can take action on its own volition. The IEPA must review the authorized

party’s contact list and whether that list adequately identifies occupants to the extent reasonably

practicable and whether the authorized party has included the methods used to identify the

occupants. If an authorized party fails to adequately notify occupants, the IEPA will provide

notice and then seek cost recovery from the authorized party.

The Board held one hearing in this rulemaking in Chicago on March 28, 2006 and a second

hearing on May 23, 2006 in Springfield.

Copies of the Board’s opinion and order in R06-23 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.

Environmental Register – July 2006

For additional information contact Amy Antoniolli at 312-814-3665; e-mail address

antonia@ipcb.state.il.us

Board Adopts Opinion and Order Directly Adopting Final Amendments to its

Administrative Rules in Amendments to the Board’s Administrative Rules: 2 Ill. Adm.

Code 2175 (R04-9)

On July 20, 2006, the Board adopted an opinion and order that adopted amendments to its

administrative rules at 2 Ill. Adm. Code 2175. Pursuant to procedures for required rulemaking

under Section 5-15 of the Illinois Administrative Procedure Act (5 ILCS 100/5-15), the Board

adopted the rules without proceeding through the first and second notice stages of a regular

rulemaking. The adopted amendments were filed with the Secretary of State’s Index Department

for publication in the August 11, 2006 issue of the

Illinois Register

In this rulemaking, the Board is updating its Part 2175 rules to describing the Board’s

organization, the types of Board proceedings, how to pay filing and copying fees, and how the

public may access information. The adopted amendments encompass three different topics: (1)

statutory changes affecting the Board; (2) Board procedural rule changes; and (3) various

developments at the Board, such as the public availability of Clerk’s Office online (COOL) as an

“electronic file cabinet” on the Board’s Web site.

Statutory changes

Recent amendments to the Environmental Protection Act (Act) (415 ILCS 5 (2004)) and the Open

Meetings Act (5 ILCS 120 (2004)) have impacted the Board. For example, Public Act 93-509

(eff. Aug. 11, 2003) amended the Act, reducing the number of Board Members from seven to five.

This, in turn, lowered the number of affirmative votes needed for Board action from four to three.

These statutory changes are reflected in the amendments at Sections 2175.105(b) (Board

membership) and 2175.120(b) (approval of majority of members required for Board decisions).

Public Act 93-523 (eff. Jan. 1, 2004) amended the Open Meetings Act to require that public

bodies keep a “verbatim record of all their closed meetings in the form of an audio or video

recording.” The Board complied with this new requirement by audio-taping its closed

deliberative sessions, held pursuant to Section 2(c)(4) of the Open Meetings Act (5 ILCS

120/2(c)(4) (2004)). Verbatim recording is now covered in Section 2175.135 of the Board’s

administrative rules. Other new provisions of the Open Meetings Act, brought about by Public

Act 94-28 (eff. Jan. 1, 2006), impose Web site posting requirements on certain public bodies.

Under Section 2.02 of the Open Meetings Act (5 ILCS 120/2.02), a public body with a Web site

maintained by a full-time staff must post its regular meeting agendas and annual meeting schedule

on its Web site. Under Section 2.06(b) of the Open Meetings Act (5 ILCS 120/2.06(b)), such a

public body must also post the regular open meeting minutes of the public body on the Web site

within seven days after approving the minutes. The Board has full-time staff dedicated to its Web

site maintenance, and has made changes to address the new Web site posting requirements in

Sections 2175.125, 2175.130, and 2175.135 of the administrative rules.

Procedural Rule Changes

The Board adopted an entirely new set of procedural rules in 2000, repealing its then-current

procedural rules and replacing them and all Board procedural resolutions.

Revision of the

Board’s Procedural Rules: 35 Ill. Adm. Code 101-130, R00-20 (Dec. 21, 2000). The new

procedural rules took effect January 1, 2001. The adopted amendments update the cross-

references to the new procedural rules in the administrative rules. The Board also added to the

administrative rules descriptions of various Board proceedings that had been lacking, such as of

Clean Air Act “Fast-Track” rulemaking.

, Sections 2175.550, 2175.555, and 2175.600.

New Developments

Environmental Register – July 2006

Finally, the Board made various changes to the administrative rules to reflect changes to COOL,

the Board’s electronic docketing system for rulemakings and adjudicatory cases, and to update the

addresses of the Board offices.

Copies of the Board’s opinion and order in R04-9 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 McGill at 312-814-6983; e-mail address

mcgillr@ipcb.state.il.us.

Board Adopts First Notice Opinion and Order in Proposal of Vaughan & Bushnell

Manufacturing Company of Amendment to a Site-Specific Rule 35 Ill. Adm. Code 901.121

On July 20, 2006, the Board adopted a first notice opinion and order in Proposal of Vaughan &

Bushnell Manufacturing Company of Amendment to a Site-Specific Rule 35 Ill. Adm. Code

901.121 (R06-11). The Vaughan & Bushnell Manufacturing Company (V&B) seeks to amend its

existing site-specific noise rule to allow V & B to lawfully extend the operational levels of its

forging facility located at the intersection of Davis and Main Streets, Bushnell in McDonough

County. The proposed amendments will allow V&B to operate 24-hours a day. The Board will

file the proposed rulemaking with the Secretary of State’s Index Department for first notice

publication in the August 11, 2006 issue of the

Illinois Register

The proposal is based on V&B’s October 20, 2005 request. In its proposal for the rulemaking and

at the hearing in this rulemaking, V&B stated that it needed an extension on its operational hours

to allow it to operate a third shift at its facility. V&B stated that it produces hammers, hatchets,

heavy striking tools, and pry bars, and has contracts with distributors that require timely delivery

of its products. V&B asserted that the predominate industrial character of the area surrounding

the facility creates heavy truck, vehicle and train traffic that combine to create an abundance of

noise far in excess of the noise created by V&B at its facility.

The Board held a hearing in this rulemaking on March 7, 2006 in the City Hall of Bushnell. V&B

provided testimony at the hearing to explain why it was technically and economically not feasible

to equip its facility with additional noise abatement technology. V&B stated that it is the largest

employer in the city of Bushnell and last year paid $137,000,000 for water, gas and electricity, as

well as $39,000 in property taxes.

The mayor of Bushnell, Steve Russell, stated at hearing that he and the Bushnell city council

unanimously were in favor of the request of V&B’s proposed increase in production hours to meet

demand for their products. Additionally, the Board received comments in support of the rule from

the president of the Bushnell Economic Development Corporation; the State Representative for

the city of Bushnell, Richard P. Myers; the Chairman and Chief Executive Officer for Farmers &

Merchants Bank of Bushnell; the president of the Bushnell Chamber of Commerce; employees of

V&B; and various residents of Bushnell.

In its July 20, 2006 first notice order, the Board considered the character of the surrounding areas

and land uses, among other things. The Board found that the V&B facility is appropriately

located in an area that is heavily industrial in nature, and that the proposed amendments would not

have an adverse environmental impact on the area.

The Board will accept public comments on the first notice proposal for a period of 45-days after

the proposal is published in the

Illinois Register.

Copies of the Board’s opinion and order in R06-11 may be obtained by calling Dorothy Gunn at

312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

For additional information contact John Knittle at 217-278-3111; e-mail address

knittlej@ipcb.state.il.us.

Environmental Register – July 2006

Environmental Register – July 2006

Board Adopts Proposal for Public Comment in SDWA Update, USEPA Amendments (July

1, 2005 though December 31, 2005) (R06-15)

On July 20, 2006, the Board adopted a proposal for public comment in SDWA Updates, USEPA

Amendments (July 1, 2005 though December 31, 2005) (R06-15). The rulemaking proposes

amendments to the Illinois regulations that are “identical in substance” to drinking water

regulations adopted by the United States Environmental Protection Agency (USEPA). The

USEPA rules implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the federal Safe

Drinking Water Act (SDWA) (42 U.S.C. §§ 300g-1(a), 300g-3(c), 300g-6(a), and 300j-4(a)

(2002)). The Board will accept public comment for 45 days following the proposal’s publication

Illinois Register

. The rules will be adopted and filed no later than October 13, 2006,

assuming no complications arise to require Board extension of the deadline pursuant to Section

7.2(b) of the Act (415 ILCS 5/7.2(b) (2004)).

This rulemaking incorporates one federal action on October 13, 2005 (70 Fed. Reg. 59848). In

the October 13, 2005 action the USEPA established the Cross-Media Electronic Reporting Rule

(CROMERR). The CROMERR sets standards for the filing of documents in various federal

program areas in an electronic format. While the CROMERR does not require the filing of

documents in an electronic format, it does impose minimum requirements on documents that are

filed in such a format and on the electronic document receiving systems used to receive them.

The CROMERR imposes requirements on electronic filings submitted to USEPA and on

USEPA’s Central Data Exchange (CDX) that receives them, as well as on any electronic

document filings submitted to the states and any systems used by the states to receive those

Only those filings and electronic document receiving systems approved in advance by USEPA

qualify under the CROMERR. Any state system used to receive electronic documents must obtain

USEPA approval before the state may use it, except that a state may continue to use an existing

electronic document receiving system, provided that it was in existence on October 13, 2005, until

October 15, 2007, pending USEPA review and approval. USEPA is clear that any filing of

documents in an electronic format is voluntary, and not compulsory, and the CROMERR creates

no right or privilege to file any document in an electronic format.

CROMERR imposes requirements on six aspects of any electronic document receiving system

used by a state: (1) system security; (2) the electronic signature method; (3) registration of

persons submitting electronic documents; (4) the signature and certification scenario; (5) the

generation of a transaction record; and (6) system archives.

As to rules for filing documents with the Board or the Illinois Environmental Protection Agency

(IEPA), the proposed amendments repeat at Section 611.105(d)(1) that it is entirely up to the

Board or the IEPA whether to set up procedures for electronic filing under the Sections. Federal

40 C.F.R. 3.10 sets forth the basic USEPA electronic document filing requirements: (1) the

electronic document must be filed in a USEPA-approved electronic document receiving system;

and (2) the electronic document must bear required electronic signatures. The proposed

amendments provide at Section 611.105(d)(1) that any such procedures must meet the

requirements of 40 C.F.R. 3.2 and 3.2000, as incorporated by reference, and must receive USEPA

approval before they can be used. The Board has included a provision at Section 611.105(a)(4)

that requires the Board or IEPA to publish notice of USEPA approval of any such electronic

filling rules in the

Illinois Register

. The Board has also included in the rule language identical in

substance to federal provisions in Section 611.105(e) that make it clear that electronic filings will

be treated in the same way as are properly signed paper filings.

In proposing these rules, the Board underscored that adoption of these proposed amendments or

any procedures to implement the CROMERR regulations is not intended to limit authority the

Board or IEPA may have under the Act to accept electronic filings. For some time, the Board has

been conducting a pilot program to develop sufficient information and experience to propose

workable rules, and has reserved a procedural rule docket. Amendments to the Board's Procedural

Rules to Accommodate Electronic Filing: 35 Ill. Adm. Code 101-130, R04-8 (Aug. 21, 2003).

Environmental Register – July 2006

The Board presently has no projected date for issuance of a proposal, given the Board’s heavy

rulemaking docket for calendar year 2006.

The federally-authorized programs to which the CROMERR applies are all state-implemented

aspects of the Clean Air Act (all conventional and hazardous air pollutant aspects), Clean Water

Act (National Pollutant Discharge Elimination System, wastewater pretreatment, and sludge

management aspects), Safe Drinking Water Act (national primary drinking water standards and

underground injection control aspects), Resource Conservation and Recovery Act (hazardous

waste, municipal solid waste landfill, and underground storage tank aspects), and the Lead-Based

Paint Exposure Abatement Act programs. The Board has proposed amendments in UIC

Corrections, USEPA Amendments (July 1, 2005 through December 31, 2005; In the Matter of:

RCRA Subtitle D Update, USEPA Amendments (July 1, 2005 through December 31, 2005 and

August 1, 2005); In the Matter of: RCRA Subtitle C Update, USEPA Amendments (July 1, 2005

through December 31, 2005 and August 1, 2005) (R06-16, R06-17, R06-18 consolidated) to

update its hazardous waste, underground injection control, and municipal solid waste landfill rules

to include the CROMERR standards. The Board’s April 6, 2006 opinion and order was reported

in more detail in the

Environmental Register

No. 622 (April 2006) at p.2-4. Additionally, in

response to a request of the IEPA, on June 1, 2006 the Board extended the public comment in the

R06-16/17/18 docket. The Board’s June 1, 2006 opinion and order was reported in more detail in

Environmental Register

No. 624 (June 2006) at p.4.

Copies of the Board’s opinion and order in R06-15 may be obtained by calling Dorothy Gunn at

312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.

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

mccambm@ipcb.state.il.us

Board Grants Expedited Review of Dynegy and Midwest Generation Motion, but Denies the

Motion to Strike the Testimony of Dr. Gerald Keeler in Proposed New 35 Ill. Adm. Code

225 Control of Emissions from Large Combustion Sources (Mercury) (R06-25)

On July 20, 2006, the Board granted the request for expedited review made by Dynegy and

Midwest Generation (Dynegy) on July 12, 2006, but denied the motion filed with the request for

expedited review. The motion filed by Dynegy sought to strike the testimony of Dr. Gerald

Keeler, presented at the first hearing in this proceeding, Proposed New 35 Ill. Adm. Code 225

Control of Emissions from Large Combustion Sources (Mercury) (R06-25).

In brief, the Illinois Environmental Protection Agency (IEPA) filed this proposal for rulemaking

March 14, 2006. The proposal addresses the control of emissions from coal-fired electric

generating units beginning in July 2009. The rulemaking is intended to meet obligations of the

State under the federal Clean Air Act (42 U.S.C. § 7401

.) to submit a state implementation

plan (SIP) to address the requirements of Clean Air Mercury Rule (CAMR) (

28606 (May 18, 2005)) and Section 9.10 of the Act.

The Board held the first round of hearings in this docket June 12-23, 2006 in Springfield, at which

the IEPA presented testimony in support of its proposal. In support of its proposition that

mercury emitted by power plants in Illinois is deposited in Illinois, the IEPA relied upon the

written and oral testimony of Dr. Gerald Keeler. In its motion to strike Dr. Keeler’s testimony

Dynegy stated that Dr. Keeler’s testimony discussing the deposition of mercury relied heavily on

a study performed near Steubenville, Ohio (Steubenville Study), and that the IEPA had testified

that the Steubenville Study could not be released until the publication release date in late July or

early August. Dynegy argued that without the Steubenville Study and related comments, Dynegy

would be unable to fully examine the scope of the study and to cross-examine Dr. Keeler on the

study. Additionally, Dynegy maintained that the IEPA presented no other deposition evidence

and thus the Steubenville Study was the basis for a very basic pillar of the IEPA’s proposal.

Alternatively, Dynegy asked that the Board consider rescheduling the second hearing and the

Environmental Register – July 2006

prefiling deadline until 30 days after the date that the Steubenville Study becomes available.

Dynegy argued that the Board should require Dr. Keeler to appear at that second hearing to be

cross-examined on the content of the Steubenville Study.

The IEPA stated in its response that it had no objection to the Board granting the request for

expedited decision; however, the IEPA opposed the motion to strike. The IEPA presented several

arguments in opposition to striking the testimony. First, the IEPA argued that ample opportunity

was afforded Dynegy and other participants at the first hearing to cross-examine Dr. Keeler.

Further, the IEPA insisted that the results of the Steubenville Study “are known” and Dr. Keeler

had made several presentations on those results. The IEPA maintained that Dr. Keeler is an

“internationally renowned authority” on mercury deposition with numerous peer-reviewed papers

and studies that have been published. The IEPA further maintained that Dr. Keeler’s testimony

stands on its own and was well supported with exhibits and the substance of the testimony. The

IEPA argued that Dr. Keeler’s testimony was based not on one single study but the sum total of

his experience in the field.

Regarding the motion to strike Dr. Keeler’s testimony, the Board noted that the rules of evidence

in rulemakings differ from those in a contested case. In a rulemaking “[a]ll information that is

relevant and not repetitious or privileged will be admitted by the hearing officer.” 35 Ill. Adm.

Code 102.426. Thus, the Board found that Dr. Keeler’s testimony was admissible. The Board

also pointed out that Dr. Keeler’s testimony included testimony regarding other studies of the

deposition of mercury performed in Detroit, Michigan, South Florida, and Vermont.

The Board did not agree with Dynegy’s assertion that the opponents are unfairly prejudiced and

irreparably harmed because of an inability to review the Steubenville Study and cross-exam Dr.

Keeler on the conclusions of the Steubenville Study. Dr. Keeler’s initial testimony was filed

several months ago and in addition to several prefiled questions for Dr. Keeler, numerous

questions were asked of Dr. Keeler over a two-day period (June 15 and 16) at the first hearing

concerning the preliminary findings and results of the Steubenville Study.

The Board pointed out that it would make its decision based on the entire record in this

rulemaking, and that as a technically qualified Board (

415 ILCS 5/5(a) (2004)), the Board can

assign proper weight to the different types of testimony and comments entered into the record.

The Board also recognized that the finalized Steubenville Study report would not be available

until the completion of the peer review process. However, the Board stated that it expects the

IEPA to submit a copy into the record as soon as the report is released either by the United States

Environmental Protection Agency or the University of Michigan. Further, the Board noted that

Dr. Keeler stated at the first hearing that the Steubenville Study results would be published in a

scientific journal for which the deadline for submission of the final version of the paper is July 1,

2006. Therefore, the Board directed the IEPA to submit a copy of Dr. Keeler’s scientific journal

paper concerning the Steubenville Study as soon as possible.

The Board’s second round of hearings in this docket is scheduled for August 14, 2006 (to be

continued day to day until business is complete or August 25, 2006) at 1:00 pm, Assembly Hall,

Concourse Level, James R. Thompson Center, 100 W. Randolph, Chicago, IL. The Board will

accept testimony in response to the IEPA proposal, presented at the first round of hearings held

June 12-23, 2006 in Springfield. A pre-hearing conference was held July 31, 2006 to discuss

various procedural aspects concerning the order of testimony and other details.

Copies of the Board’s opinion and order 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.

For additional information contact Marie Tipsord at 312/ 814-4925; email address

tipsordm@ipcb.state.il.us.

Environmental Register – July 2006

Board Grants Motion to Expedite Rulemaking but Denies Motion to Hold Hearings in

Springfield and Collinsville in Proposed New Clean Air Interstate Rules (CAIR) SO 2

Annual and NO x

Ozone Season Trading Programs, 35 Ill. Adm. Code 225. Subparts A, C, D

and E (R06-26)

On July 20, 2006, the Board granted a motion filed by the Illinois Environmental Protection

Agency (IEPA) on May 30, 2006, to expedite the consideration of the proposed amendments in

Proposed New Clean Air Interstate Rules (CAIR) SO2, NOx Annual and NOx Ozone Season

Trading Programs, 35 Ill. Adm. Code 225. Subparts A, C, D and E (R06-26). At the same time

the Board denied the IEPA’s motion to hold the required two hearings in Springfield and

This rulemaking seeks to add additional Subparts to the proposed new Part 225 that is the subject

of the rulemaking in Proposed New 35 Ill. Adm. Code 225 Control of Emissions from Large

Combustion Sources (Mercury) (R06-25) (see above). The amendments to Part 225 in the CAIR

rulemaking are intended to reduce intrastate and interstate transport of sulfur dioxide (SO2) and

nitrogen oxides (NOx) emissions from fossil-fuel-fired electric generating units (affected units),

on an annual basis and on an ozone season basis of each calendar year. The IEPA proposed the

adoption of the CAIR SO2 trading program, the CAIR NOx Annual trading program and the CAIR

NOx Ozone Season trading program to accomplish this objective. The IEPA asserted that its May

30, 2006 proposal is intended to satisfy Illinois’ obligations under the United States

Environmental Protection Agency’s (USEPA) Rule to Reduce Interstate Transport of Fine

Particulate Matter and Ozone; Revisions to Acid Rain Program (CAIR); Revisions to the NOx SIP

Call, (Federal CAIR), 70

. 25162 (May 12, 2005). The proposal is also intended to

address, in part, the IEPA’s obligation to meet Clean Air Act (CAA) requirements for the control

of fine particulate matter (PM2.5) and ozone in the Chicago and Metro East/St. Louis

nonattainment areas.

The motion for expedited review requested that the rule be promulgated by April 2007, and that

the Board proceed to first notice without reaching a decision on the merits of the proposal. In

support of its motion, the IEPA asserted that the USEPA has adopted a CAIR Federal

Implementation Plan (FIP) effective on June 27, 2006, and that the first “action of consequence”

will be USEPA’s making NOx allocations for the 2009 control period on July 30, 2007. The

IEPA asserted that the rule needs to be adopted by April 2007, to allow Illinois to control the

allocation for 2009, and to timely submit NOx allocations to avoid the USEPA start of a “FIP

sanctions clock.”

In response to the motion to expedite, the Dynegy Midwest Generation, Inc. and Midwest

Generation, L.L.C. (participants) asserted that the IEPA has stated that the USEPA has already

proposed FIPs for those states that fail to submit state implementation plans (SIPs) providing for

compliance with the emissions budgets set forth in the Federal CAIR by September 11, 2006. The

participants argued that, even had the IEPA submitted this proposal as a fast-track rulemaking on

May 30, 2006, the Board could not possibly have adopted any rule in time for the IEPA to submit

a SIP by September 11, 2006. According to the participants, the IEPA will have to accept a FIP

until such a time as it submits a rule adopted by the Board as a replacement for the FIP. The

movants asserted that the Board will gain neither time nor efficiency by proceeding to First Notice

prior to considering the merits of the proposal. Finally, the movants objected to expediting the

scheduling of hearings in this rulemaking should they occur concurrently or back-to-back with the

hearings currently scheduled in the R06-25 mercury rule docket, because the movants have

limited environmental staff, only a few of whom are available for assignment to these regulatory

As to hearing locations, the IEPA motion to hold hearings in Springfield and Collinsville asserted

that there are 229 electric generating units (EGU) that will be subject to the proposed rule. The

IEPA argued that the city of Springfield is not only an affected area, but is centrally located for all

the affected areas of the State and is an appropriate first hearing location pursuant to Section

102.412 (a) of the Board’s procedural rules. The IEPA contended that state administrative and

Environmental Register – July 2006

financial constraints favor a Springfield forum for the first hearing in that both the Board and the

IEPA maintain offices in Springfield, and a large number of the IEPA’s technical staff located in

Springfield will be testifying and providing technical assistance in the rulemaking. The IEPA

asserted that the city of Collinsville is an appropriate location for the second hearing as it is

located with respect to affected units in the Southern portion of the state. The IEPA stated that, as

Collinsville is a reasonable commute from Springfield, it would also conserve resources for the

Board and the IEPA.

In response, the movants requested that at least one hearing be held in Chicago. Additionally, the

participants requested that the hearings not be scheduled concurrently or back-to-back with the

hearings in R06-25, and that at least one hearing be held in Chicago during which the Board

anticipates that participants could present witnesses.

The Board granted the IEPA’s motion for expedited

review in part, but determined not to publish

first notice of the proposal prior to hearing. In light of the federal deadlines referenced by the

IEPA, the Board chose to expedite review of this matter to the extent feasible given the Board’s

available resources and decision deadlines. The Board made it clear that it intends to move this

proceeding along as early as it can practicably do so, but that it would have to work within an

already heavily scheduled calendar in the upcoming months.

The Board denied the IEPA’s motion to hold hearings in Springfield and Collinsville. The Act

requires that hearings in state-wide regulations must be held in at least two concerned areas of the

state. 415 ILCS 5/28(a) (2004). While both Collinsville and Springfield meet this requirement,

the Board found that they are not in demographically diverse areas of the state and would not

provide for a hearing in the northern part of the state or in the most populous area of the state.

The Board found that holding at least one hearing in Chicago would be administratively

acceptable and beneficial to the public. Hearings have been scheduled for October 10, 2006 to be

continued day to day until completed or until October 20, 2006, in Springfield and for November

28, 2006 to be continued day to day until completed or until December 8, 2006, in Chicago.

Copies of the Board’s opinion and order in R06-26 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 Actions

July 6, 2006

Via Videoconference

Chicago and Springfield, Illinois

Rulemakings

R06-19 In the Matter of: Clean Construction or Demolition Debris Fill Operations

Under P.A. 94-272 (35 Ill. Adm. Code 1100) – The Board adopted a second

notice opinion and order in this statutorily required rulemaking to amend the

Board’s land pollution control regulations.

R06-23 In the Matter of: Standards and Requirements for Potable Water Well Surveys

Environmental Register – July 2006

and for Community Relations Activities Performed in Conjunction with Agency

Notices of Threats from Contamination Under P.A. 94-134: New 35 Ill. Adm.

Code Part 1505 – The Board adopted a second notice opinion and order in this

statutorily required rulemaking to amend the Board’s public water supply

Administrative Citations

AC 06-11 IEPA v. Paul Freeman and Freeman Environmental Services, Inc. – In response

to a joint stipulation and settlement agreement in this administrative citation

action involving a Williamson County facility, the Board found that respondents

had violated Sections 21(p)(3) and (7) of the Environmental Protection Act (415

ILCS 5/21(p)(3) and (7) (2004)) and ordered respondents to pay a civil penalty

of $3,000. The Board also granted the parties’ joint motion to dismiss

respondents’ petition for review.

AC 06-31 Ogle County Solid Waste Management Department v. Wayne L. Fisher &

Christina C. Fisher – The Board dismissed respondents’ petition for review for

failure to file an amended petition as ordered by the Board on May 18, 2006.

The Board found that these Ogle 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.

AC 06-35 IEPA v. Jerry L. Watson – The Board accepted respondent’s amended petition

for review for hearing.

AC 06-38 County of Wayne v. Mr. William Slane – The Board found that this Wayne

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.

AC 06-42 County of LaSalle v. Bill Shawback – The Board found that this LaSalle 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.

AC 06-43 County of LaSalle v. Bill Shawback – The Board found that this LaSalle 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.

AC 06-44 County of LaSalle v. Paulette Metille – The Board dismissed respondent’s

petition for review, finding it untimely filed. The Board found that this LaSalle

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.

AC 06-49 IEPA v. Michael Gruen and Jon Eric Gruen d/b/a Jon’s Tree Service – The

Board accepted for hearing this petition for review of an administrative citation

against these Macoupin County respondents.

Environmental Register – July 2006

PCB 02-186 People of the State of Illinois v. Perfetti Van Melle U.S.A, Inc. f/k/a Van Melle

U.S.A., Inc. – In this air 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 $120,000, and to cease and desist from further violations.

Perfetti Van Melle further agrees to pay $60,909.39 for purchase of allotment

trading units from the Illinois Environmental Protection’s Alternative

Compliance Market Account for the 2000 and 2001 emissions seasons, and

$1,800 for the avoided 2004 annual air pollution site fee.

PCB 05-56 People of the State of Illinois v. Omron Automotive Electronics, Inc. – In this air

enforcement action concerning a Kane County facility, the Board granted relief

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

Protection Act (415 ILCS 5/31(c)(1) (2004)), accepted a stipulation and

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

$95,000, and to cease and desist from further violations.

PCB 06-30 People of the State of Illinois v. Heneghan & Associates, P.C. – In this public

water supply enforcement action concerning a Calhoun 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 $5,000, and to cease and desist from further violations.

PCB 06-131 Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President, Village of Hampshire and

IEPA – The Board affirmed the December 9, 2005 determination of the Illinois

Environmental Protection Agency’s granting modification of National Pollutant

Discharge Elimination System permit No. IL 0020281 to the Village of

PCB 06-143 People of the State of Illinois v. Astec Mobile Screens, Inc. – In this Resources

Conservation Recovery Act enforcement action concerning a Whiteside 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 $13,000, and to cease and desist from further

Motions and Other Matters

PCB 03-16 King’s 66 Service Station v. IEPA – The Board granted this Madison County

facility’s motion for voluntary dismissal of this underground storage tank appeal.

Swearingin Amoco v. IEPA – The Board granted this Jersey County facility’s

motion for voluntary dismissal of these consolidated underground storage tank

Environmental Register – July 2006

PCB 04-7 People of the State of Illinois v. 4832 S. Vincennes, L.P. – Upon receipt of a

proposed stipulation and settlement agreement as to 4832 S. Vincennes, L.P.

only, and an agreed motion to request relief from the hearing requirement in this

air enforcement action involving a Cook County facility, the Board ordered

publication of the required newspaper notice.

PCB 05-12 Lake in the Hills Sanitary District v. IEPA – The Board granted this Lake

County facility’s motion for voluntary dismissal of this permit appeal.

PCB 05-181 People of the State of Illinois v. Pattison Associates L.L.C. and 5701 South

Calumet L.L.C. – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing requirement

in this air enforcement action involving a Cook County facility, the Board

ordered publication of the required newspaper notice.

PCB 05-198 Basic Wire & Cable Co. v. IEPA – The Board granted this Cook County

facility’s motion for voluntary dismissal of this underground storage tank appeal.

People of the State of Illinois v. Schlichting & Sons Excavating, Inc.; People of

the State of Illinois v. First Rockford Group, Inc. – Upon receipt of a proposed

stipulation and settlement agreement between complainant and Schlichting &

Sons Excavating, Inc. only, and an agreed motion to request relief from the

hearing requirement in this public water supply enforcement action involving a

Winnebago County facility, the Board ordered publication of the required

newspaper notice.

PCB 06-13 St. Francis Pet Crematory & Kennels, Inc. v. IEPA – The Board granted this

Winnebago County facility’s motion for voluntary dismissal of this permit

PCB 06-91 Basic Wire & Cable Co. v. IEPA – The Board granted this Cook County

facility’s motion for voluntary dismissal of this underground storage tank appeal.

PCB 06-147 City of Kankakee 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 facility in Kankakee County.

Environmental Register – July 2006

PCB 06-164 Village of Caseyville, Illinois v. IEPA – The Board granted this St. Clair County

facility’s motion for voluntary dismissal of this underground storage tank appeal.

PCB 06-176 Village of River Forest v. IEPA – The Board granted this Cook County facility’s

motion for voluntary dismissal of this underground storage tank appeal.

PCB 06-185 D&L Landfill, Inc. v. IEPA – The Board accepted for hearing this permit appeal

involving a Bond County facility.

PCB 06-186 American National Bank & Trust Co. – Land Trust 124234-06 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.

PCB 06-187 Omni Bioenergy, L.L.C. v. IEPA – The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Madison County facility.

PCB 06-188 People of the State of Illinois v. Karam Toor and Surjit Toor, individuals d/b/a

Toor Car and Truck Plaza and Singh Inc. of Illinois d/b/a Toor Car and Truck

Plaza – The Board accepted for hearing this water enforcement action involving

a site located in Lake County.

PCB 06-189 L. Keller Oil Properties/Farina (Incident No. 20060153) v. IEPA – The Board

granted petitioner’s motion to consolidate this enforcement action with PCB 06-

190 and accepted for hearing this underground storage tank appeal involving a

Fayette County facility.

PCB 06-190 L. Keller Oil Properties/Farina (Incident No. 20051539) v. IEPA – The Board

granted petitioner’s motion to consolidate this enforcement action with PCB 06-

189 and accepted for hearing this underground storage tank appeal involving a

Fayette County facility.

PCB 06-191 People of the State of Illinois v. Louie’s Trenching Service, Inc. and City of

Galena – 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 Jo Daviess County facility, the Board ordered

publication of the required newspaper notice.

PCB 06-192 People of the State of Illinois v. Larry Bielfeldt – The Board accepted for

hearing this water enforcement action involving a site located in McLean

Environmental Register – July 2006

PCB 06-193 People of the State of Illinois v. Ron Fisher Motorsports, Inc. d/b/a F&L Salvage

– The Board accepted for hearing this land and water enforcement action

involving a site located in Washington County.

PCB 06-194 Dynegy Midwest Generation, Inc. (Vermilion Power Station) v. IEPA – The

Board granted this request for a 90-day extension of time to file a permit appeal

on behalf of this Vermilion County facility.

July 20, 2006

Chicago, Illinois

Rulemakings

R04-9 In the Matter of: Amendments to the Board’s Administrative Rules: 2 Ill. Adm.

Code 2175 – The Board adopted a final opinion and order in this rulemaking

which amends the Board’s administrative regulations.

R06-11 In the Matter of: Proposal of Vaughan & Bushnell Manufacturing Company of

Amendment to a Site-Specific Rule 35 Ill. Adm. Code 901.121 – The Board

adopted a first notice opinion and order in this rulemaking to amend an existing

site-specific noise rule, as requested.

R06-15 In the Matter of: SDWA Update, USEPA Amendments (July 1, 2005 through

December 31, 2005) – The Board adopted a proposal for public comment in this

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

R06-25 In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of Emissions

from Large Combustion Sources (Mercury) – Expediting its review of the motion

filed by Dynegy Midwest Generation, Inc. and Midwest Generation, L.L.C.’s,

the Board denied the motion to strike the testimony of Dr. Gerald Keeler.

R06-26 In the Matter of: Proposed New Clean Air Interstate Rule (CAIR) SO2, NOx

Annual and NOx Ozone Season Trading Programs, 35 Ill. Adm. Code 225,

Subparts A, C, D and E – The Board granted, in part, the Illinois Environmental

Protection Agency’s motion to expedite, decided to hold the hearings in Chicago

and Springfield or Collinsville, and granted the motion to waive certain filing

Environmental Register – July 2006

Administrative Citations

AC 05-15 IEPA v. C. John Blickhan – The Board granted complainant’s motion for

voluntary dismissal of this administrative citation.

AC 06-45 IEPA v. Waste Management of Illinois, Inc., Mark Batherson, and Dale Hoekstra

– The Board found that these Will County respondents violated Section 21(o)(5)

of the Act (415 ILCS 5/21(o)(5) (2004)), and ordered respondents to pay a civil

penalty of $500.

AC 06-46 City of Chicago Department of Environment v. Mr. Bult’s, Inc. – The Board

found that this Cook 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

AC 06-47 IEPA v. Landfill L.L.C. and Danny Bowman – The Board found that these

Saline County respondents violated Section 21(o)(5) and (o)(12) of the Act (415

ILCS 5/21(o)(5), (o)(12) (2004)), and ordered respondents to pay a civil penalty

AC 06-48 IEPA v. Larry Payne – The Board found that this Fulton County respondent

violated Sections 21(p)(1), (p)(3) and (p)(7) of the Act (415 ILCS 5/21(p)(1),

(p)(3), (p)(7) (2004)). Because there are three violations of Section 21(p) and

these violations are subsequent offenses, respondent was ordered to pay a civil

penalty of $9,000.

PCB 04-9 People of the State of Illinois v. Aargus Plastics, Inc. – In this air enforcement

action concerning a Cook 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 $125,000, and to cease

and desist from further violations.

PCB 04-193 People of the State of Illinois v. Fellowes Manufacturing Company a/k/a

Fellowes, Inc. – In this air 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 $189,250, and $10,750 for the avoided 1986 through

2001 annual air pollution site fees, and to cease and desist from further

Motions and Other Matters

PCB 06-54 People of the State of Illinois v. Webb AG, Inc. – Upon receipt of a proposed 4-0

Environmental Register – July 2006

stipulation and settlement agreement and an agreed motion to request relief from

the hearing requirement in this land enforcement action involving a Fulton

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

PCB 06-136 People of the State of Illinois v. D&L Landfill, Inc. – Upon receipt of a proposed

stipulation and settlement agreement and an agreed motion to request relief from

the hearing requirement in this land enforcement action involving a Bond

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

PCB 06-149 Kraft Foods 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 facility located in McHenry County.

PCB 06-151 People of the State of Illinois v. Big River Zinc Corporation and Allied Waste

Transportation, Inc. d/b/a Midwest Waste – Upon receipt of a proposed

stipulation and settlement agreement between complainant and Big River Zinc

Corporation only, and an agreed motion to request relief from the hearing

requirement in this Resources Conservation Recovery Act enforcement action

involving a St. Clair County facility, the Board ordered publication of the

required newspaper notice.

PCB 06-155 Northern States Financial Corporation 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 facility located in

Midwest Generation, L.L.C.,Will County Generating Station v. IEPA – The

Board granted petitioner’s motion for a partial stay consistent with the edited

permit filed, as modified by this order. The Board also granted petitioner’s

motion for leave to file reply and respondent motion for leave to file surreply.

PCB 06-180 Marquis MTD, Inc.-Hennepin (Property Identification Number H01-10-204-

000) v. IEPA – Because the Board did not receive any petition for review of the

Illinois Environmental Protection Agency’s (IEPA) recommendation to deny

certification, consistent with the IEPA’s recommendation, the Board declined to

certify that certain Marquis MTD, Inc.-Hennepin facilities are pollution control

facilities and dismissed this matter.

PCB 06-184 Peoria Disposal Company v. Peoria County Board – The Board granted in part

respondent’s motion for leave to file the administrative record on disk, but

required the filing of one paper copy.

PCB 07-1 People of the State of Illinois v. Kurt Carlson – The Board accepted for hearing

this water enforcement action involving a site located in Winnebago County.

Environmental Register – July 2006

PCB 07-2 People of the State of Illinois v. Meijer Stores Limited Partnership and Rockford

Construction Co. – 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 DuPage County facility, the Board

ordered publication of the required newspaper notice.

PCB 07-3 People of the State of Illinois v. East Lynn Community Water System. Inc. – The

Board accepted for hearing this public water supply enforcement action

involving a site located in Vermilion County.

Other Items

The Board granted the Chairman’s Motion under Section 2.06(c) of the Open

Meetings Act (5 ILCS 120/2.06(c) to continue to preserve only written minutes

of closed Board deliberative sessions occurring on or before January 1, 2005 and

to approve destruction of verbatim tape recordings of meetings held: July 15 and

July 24; August 12 and August 26; September 9, September 23, and September

30; October 14 and October 28; November 10 and November 24; December 9

and December 23.

The Board granted the Chairman’s Motion under Section 2.06(d) of the Open

Meetings Act (5 ILCS 120/2.06(d)) to continue to keep confidential minutes of

closed Board meetings occurring between January 1, 2006 and June 30, 2006.

The Board granted the Chairman’s motion to change the August 3, 2006 Meeting

to August 4, 2006 at 1:30 p.m.via videoconference from locations in Chicago

and Springfield.

July 6, 2006 Board Meeting

D&L Landfill, Inc. v. IEPA – The Board accepted for hearing this permit appeal involving

a Bond County facility.

American National Bank & Trust Co. – Land Trust 124234-06 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.

Omni Bioenergy, L.L.C. v. IEPA – The Board granted this request for a 90-day extension

of time to file an underground storage tank appeal on behalf of this Madison County facility.

People of the State of Illinois v. Karam Toor and Surjit Toor, individuals d/b/a Toor Car

and Truck Plaza and Singh Inc. of Illinois d/b/a Toor Car and Truck Plaza – The Board accepted

for hearing this water enforcement action involving a site located in Lake County.

L. Keller Oil Properties/Farina (Incident No. 20060153) v. IEPA – The Board granted

petitioner’s motion to consolidate this enforcement action with PCB 06-190 and accepted for

hearing this underground storage tank appeal involving a Fayette County facility.

Environmental Register – July 2006

L. Keller Oil Properties/Farina (Incident No. 20051539) v. IEPA – The Board granted

petitioner’s motion to consolidate this enforcement action with PCB 06-189 and accepted for

hearing this underground storage tank appeal involving a Fayette County facility.

People of the State of Illinois v. Louie’s Trenching Service, Inc. and City of Galena –

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 Jo Daviess

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

People of the State of Illinois v. Larry Bielfeldt – The Board accepted for hearing this

water enforcement action involving a site located in McLean County.

People of the State of Illinois v. Ron Fisher Motorsports, Inc. d/b/a F&L Salvage – The

Board accepted for hearing this land and water enforcement action involving a site located in

Washington County.

Dynegy Midwest Generation, Inc. (Vermilion Power Station) v. IEPA – The Board

granted this request for a 90-day extension of time to file a permit appeal on behalf of this

Vermilion County facility.

IEPA v. Clifford Lawson – The Board accepted an administrative citation against this

Macoupin County respondent.

IEPA v. Charles L. Riggins – The Board accepted an administrative citation against

this Mason County respondent.

County of Ogle v. George C. Heal – The Board accepted an administrative citation

against this Ogle County respondent.

City of Chicago Department of Environment v. Mr. Bult’s, Inc. – The Board accepted

an administrative citation against this Cook County respondent.

I County of Wayne v. Mr. Julian Buchanan – The Board accepted an administrative

citation against this Wayne County respondent.

IEPA v. Lake Wildwind Park, L.L.C. – The Board accepted an administrative citation

against this Woodford County respondent.

IEPA v. Ron Lawyer – The Board accepted an administrative citation against this

Fulton County respondent.

County of Ogle v. Francis Case – The Board accepted an administrative citation

against this Ogle County respondent.

City of Chicago Department of Environment v. Mr. Built’s, Inc. – The Board accepted

an administrative citation against this Cook County respondent.

July 20, 2006 Board Meeting

People of the State of Illinois v. Kurt Carlson – The Board accepted for hearing this water

enforcement action involving a site located in Winnebago County.

People of the State of Illinois v. Meijer Stores Limited Partnership and Rockford

Construction Co. – 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

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

People of the State of Illinois v. East Lynn Community Water System. Inc. – The Board

accepted for hearing this public water supply enforcement action involving a site located in

Vermilion County.

Environmental Register – July 2006

IEPA v. John Spoede – The Board accepted for hearing this petition for review of an

administrative citation against this Tazewell County respondent.

IEPA v. Norbert and Wilma Adams – The Board accepted for hearing this petition for

review of an administrative citation against these Woodford County respondents.

County of Perry v. Mike Tilley – The Board accepted for hearing this petition for

review of an administrative citation against this Perry County respondent.

Adjusted Standards

LISTINGS OF ADJUSTED STANDARDS AND COMBINED

SEWER OVERFLOW EXCEPTIONS GRANTED BY THE BOARD

DURING FISCAL YEAR 2006

Section 28.1(d)(3) of the Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(3)

(2006)) requires the Board to annually publish in the

Illinois Register

Environmental Register

a listing of all determinations made pursuant to Section 28.1 at the end of each fiscal year. This

notice sets forth all adjusted standard and combine sewer overflow exception determinations made

by the Board during the fiscal year 2006 (July 1, 2005, through June 30, 2006).

Final Actions Taken by the Pollution Control Board in Adjusted Standards Proceedings

During Fiscal Year 2006 (July 1, 2005 through June 30, 2006)

Docket/Docket Title Final Determination

In the Matter of: Petition of SCA Tissue North

America, L.L.C. for an Adjusted Standard from

35 Ill. Adm. Code 218.301 and 218.302(c) (AS

05-04), August 4, 2005

The Board granted the request for an adjusted standard

from the Board’s volatile organic material (VOM) air

emission standards made by this Alsip, Cook County

recycler of magazines into tissue and toweling

products. The adjusted standard allows the facility to

continue to implement process and operational

changes to reduce its VOM emissions in place of

requiring add-on controls to the facility.

In the Matter Of: Petition of Ford Motor

Company for an Adjusted Standard from 35 Ill.

Adm. Code 218.586 (AS 05-05), September 1,

The Board granted the request of the Ford Motor

Company (Ford) for an adjusted standard from the

Board’s organic material emission standards. The

adjusted standard exempts Ford’s Cook County facility

from the Illinois Stage II recovery regulations,

recognizing that the facility meets federal vapor

recovery requirements through its use of onboard

refueling vapor recovery (ORVR) systems.

In the Matter of: Petition of the Village of

Bensenville for an Adjusted Standard from 35 Ill.

Adm. Code 620.410 Regarding Chlorine (AS 05-

02), October 20, 2005

The Board granted the Village of Bensenville, in

DuPage County, an adjusted standard from the Board’s

groundwater quality standards for chlorine, subject to

certain conditions. The site involved is the Village’s

former landfill, now used as a public golf course. The

adjusted standard changes the water quality standard

from 200 milligrams per liter (mg/L) total chloride to

728.963 mg/L dissolved chloride.

In the Matter of: Petition of Waste Management

of Illinois, Inc. for RCRA Waste Delisting Under

35 Ill. Adm. Code 720.122 for Solid Treatment

Residual for CID Recycling and Disposal Facility

The Board denied the petition of Waste Management

of Illinois, Inc (WMII) for a Resource Conservation

and Recovery Act (RCRA) hazardous waste delisting.

The waste involved is lime conditioned filter cake

Environmental Register – July 2006

Biological Liquid Treatment Center (AS 05-07)

December 15, 2005

from the treatment of hazardous and non-hazardous

leachates and wastewaters at the facility in Calumet

City, Cook County. The Board found that WMII’s

petition did not meet the statutory level of justification

for the adjusted standard.

In the Matter of: Petition of BP Products North

America, Inc. for an Adjusted Standard Pursuant

to 35 Ill. Adm. Code 721.122 (AS 06-02) March

BP Products North America sought an adjusted

standard delisting as RCRA waste the leachate

generated from its landfill at its Madison County

refinery. The Board dismissed the petition because BP

failed to timely publish the newspaper notice required

by Section 28.1(d)(1) of the Act. (BP refiled the

petition on July 27, 2006, and it is still pending as AS

In the Matter of: Petition of Lafarge Midwest,

Inc. for Boiler Determination Pursuant to 35 Ill.

Adm. Code 720.132 and 720.133 (AS 06-01)

The Board granted this request by LaFarge Midwest

Inc. for a determination that a slag dryer at its Cook

County facility is a “boiler” for purposes of burning

off-specification used oil. The Board, in its first boiler

determination, found that Lafarge had met the six

criteria under the Board’s RCRA rules.

In the Matter of: Petition of Lafarge Midwest,

Inc. for Boiler Determination Pursuant to 35 Ill.

Adm. Code 720.132 and 720.133 (AS 06-03) June

The Board granted this request by LaFarge Midwest

Inc. for a determination that two raw mill dryers at its

Massac County facility are “boilers” for purposes of

burning off-specification used oil. The Board found

that Lafarge had met the six criteria under the Board’s

Final Actions Taken by the Pollution Control Board in Combine Sewer Overflow Exception

Proceedings During Fiscal Year 2006 (July 1, 2005 through June 30, 2006)

The Board took no action in combined sewer overflow exception proceedings during

fiscal year (FY) 2006, as none were filed with the Board or pending during FY 2006.

written comments or request copies

, noting the appropriate docket number, to:

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-3620

concerning this notice, noting the appropriate docket number, to:

Name: Erin Conley

Address: Pollution Control Board

1021 North Grand Avenue East

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

email: conleye@ipcb.state.il.us

Provisional Variances

IEPA 07-1 Marathon Pipe Line LLC v. IEPA

—On July 5, 2006, the Illinois Environmental

Protection Agency granted Marathon Pipe Line LLC a provisional variance, subject to conditions,

from permit condition 8 of its air permit, as well as the applicable requirements of 35 Ill. Adm.

Environmental Register – July 2006

Code Section 219.762 (control requirements), Section 219.768 (testing and monitoring), and

Section 219.770 (recordkeeping and reporting). The provisional variance pertains to gasoline and

gasoline loadout at Marathon’s facility at (INSERT). Relief is granted until such time as barge

loading operations have concluded or through August 4, 2006, whichever occurs first.

IEPA 07-02 Springfield Metro Sanitary District (Sugar Creek Plant) v. IEPA

– On July 20,

2006, the Illinois Environmental Protection Agency granted the Springfield Metro Sanitary

District (SMSD) a 45-day provisional variance subject to conditions for its Sugar Creek

Wastewater Treatment facility located at 3300 Mechanicsburg Road, Springfield, Sangamon

County. The provisional variance allows the discharge of all flows through Outfall 010 subject to

conditions. The provisional variance is needed while SMSD cleans its tertiary pond.

IEPA 07-03 Exelon Generation Company, L.L.C (Quad Cities Nuclear Power Station) v.

– On July 19, 2006, the Illinois Environmental Agency granted Exelon Generation

Company LLC’s request for a provisional variance, subject to conditions, from Special Condition

6B of its NPDES permit. The provisional variance begins the day Exelon’s current 87.6

excursions hours are utilized to continue operation of its Quad Citities Nuclear Power Station

located on the Mississippi River at river Mile 506.8 near Cordova. The provision variance period

will run for 45 days or until the additional 100 excursion hours are utilized, whichever occurs

IEPA 06-04 Shell Oil Products US v. IEPA

– On July 25, 2006, the Illinois Environmental

Protection Agency granted Shell Oil Products’ request for a provisional variance from 35 Ill.

Adm. Code Part 180 as it applies to gasoline and/or ethanol blend gasoline in St. Clair, Madison,

and Monroe counties. The provisional variance will allow the sale or offer for sale; dispensing;

supply or offer for supply; or transport of such gasoline products exceeding the regulatory

limitations for Reid vapor pressure without the required vapor collection and control system

designed to control volatile organic material emissions. The provisional variance is for the time

period of July 25, 2006 until such time as this supply of gasoline and/or ethanol blend gasoline is

exhausted, or through August 4, 2006, whichever occurs first.

IEPA 06-05 Illinois Petroleum Marketers Association v. IEPA

– On July 25, 2006, the Illinois

Environmental Protection Agency granted petroleum marketers located in St. Clair, Madison, and

Monroe counties a provisional variance from the applicable requirements of 35 Ill. Adm. Code

Sections 219.585(b) and (c). The provisional variance will allow the sale or offer for sale;

dispensing; supply or offer for supply; or transport of gasoline and/or ethanol blend gasoline

exceeding the regulatory limitations for Reid vapor pressure without the required vapor collection

and control system designed to control volatile organic material emissions. The relief is granted

through August 4, 2006.

IEPA 06-6 BP Products North America v. IEPA

– On July 25, 2006, the Illinois Environmental

Protection Agency granted BP relief from applicable requirements of 35 Ill. Adm. Code Sections

219.585(b) and (c). The provisional variance will allow the sale or offer for sale; dispensing;

supply or offer for supply; or transport of gasoline and/or ethanol blend gasoline exceeding the

regulatory limitations for Reid vapor pressure without the required vapor collection and control

system designed to control volatile organic material emissions. The provisional variance is for the

time period of July 25, 2006 until such time as this supply of gasoline and/or ethanol blend

gasoline is exhausted, or through August 4, 2006, whichever occurs first.

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.

Environmental Register – July 2006

Illinois Pollution Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph Street

1021 N. Grand Avenue East

Oliver Holmes Conference

Room 2012 N

Springfield

Sangamon Valley Farm Supply v. IEPA

and Village of Saybrook

City Hall Council Chambers

109 E. Olive Street

In the Matter of: Proposed New 35 Ill.

Adm. Code 225 Control of Emissions

From Large Combustion Sources

(to be continued day-to-day until business

is completed or until August 25, 2006)

James R. Thompson Center

Concourse Level

100 W. Randolph Street

Freedom Oil Company v. IEPA

(Consolidated: PCB 03-54, 56, 105, 179,

Illinois Pollution Control Board

1021 North Grand Avenue East

(North Entrance)

Freedom Oil Company v. IEPA

(Consolidated: PCB 03-54, 56, 105, 179,

Illinois Pollution Control Board

1021 North Grand Avenue East

(North Entrance)

Freedom Oil Company v. Illinois

Environmental Protection Agency

(Consolidated: PCB 03-54, 56, 105, 179,

Illinois Pollution Control Board

1021 North Grand Avenue East

(North Entrance)

Freedom Oil Company (June 30, 2002 to

November 22, 2002) v. IEPA

(Consolidated: PCB 03-54, 56, 105, 179,

Illinois Pollution Control Board

1021 North Grand Avenue East

(North Entrance)

Freedom Oil Company (March 1, 2002 to

January 24, 2003) v. IEPA (Consolidated:

PCB 03-54, 56, 105, 179, 04-02)

Illinois Pollution Control Board

1021 North Grand Avenue East

(North Entrance)

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Environmental Register – July 2006

Illinois Pollution Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph Street

1021 N. Grand Avenue East

Oliver Holmes Conference

Room 2012 N

Springfield

County of Jackson v. Dan Kimmel

Jackson County Health

Conference Room #1

415 Health Department Road

Illinois Pollution Control Board Meeting

Michael A. Bilandic Building

Second Floor, Room N-505

160 N. LaSalle Street

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Hearing Room

1021 North Grand Avenue East

(North Entrance)

Springfield

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph Street

1021 N. Grand Avenue East

Oliver Holmes Conference

Room 2012 N

Springfield

In the Matter of: Proposed Amendments

to Dissolved Oxygen Standard 35 Ill.

Adm. Code 302.206

Illinois Environmental Protection

1000 E. Converse

In the Matter of: Proposed Amendments

to Dissolved Oxygen Standard 35 Ill.

Adm. Code 302.206

Illinois Environmental Protection

1000 E. Converse

Environmental Register – July 2006

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

ILLINOIS ENVIRONMENTAL PROTECTION

DIVISION OF PUBLIC WATER SUPPLIES

RESTRICTED STATUS AND CRITICAL REVIEW LIST

PUBLIC WATER SUPPLIES

The Restricted Status List was developed to give additional notification to officials of public water supplies are in violation of 35 Ill.

Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental Protection Act.

The Restricted Status List will include all Pubic Water Supplies for which the agency has information indicating a violation of any of

the following requirements: Finished water quality requirements of 35 Ill. Adm. Code, Part 604, Subpart B and C; maintenance of

adequate pressure on all parts of the distribution system under all conditions of demand; meeting raw water quantity requirements of 35

Ill. Adm. Code 604.502; or maintenance of treatment faclities capable of providing water "assuredly adequate in quantity" as required

by Section 18 of the Illinois Environmental Protection Act.

The Critical Review List was developed to give additional notification to officials of public water supplies which may be close to being

in violation of 35 Ill. Adm Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental Protection Act.

A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the violations which

would place it on the Restricted Status List.

This list is continually being revised as new information becomes available, and therefore, specific inquiries as to the status of any

public water supply should be directed to the Division of Public Water Supplies for final determination. This list reflects the status as of

*Indicates public water supplies which have been added to the previous publication.

EPA WATER SYSTEM NAME/SYSTEM

N NATURE OF PROBLEM

ALTERNATIVE BEHAVIOR

TREATMENT CENTER - IL0977189

INADEQUATE PRESSURE

ALTO PASS WATER DISTRICT -

DISINFECTION BY-

1,031 1/15/2005

AMERICAN MHP - IL2015125 RS 1

INADEQUATE PRESSURE

ANDALUSIA - IL1610050 CR 1

INADEQUATE PRESSURE

1,050 12/1/2003

ANNS MHP - IL2015225 RS 1

INADEQUATE PRESSURE

ARENZVILLE - IL0170050 CR 5

INADEQUATE PRESSURE

ARLINGTON REHABILITATION

LIVING CENTER - IL0971110

INADEQUATE HYDRO

Environmental Register – July 2006

AURORA COMMUNITY WATER ASSN

INADEQUATE PRESSURE

BAHL WATER CORP - IL0855200 RS 1

INADEQUATE PRESSURE

BALCITIS PUMP CORP - IL2015100 RS 1 INADEQUATE STORAGE 150 1/1/2006

BEASON CHESTNUT PWD - IL1075150 CR 5 INAD PLANT & SOURCE CAP 600 6/15/2004

BEECHER - IL1970050 CR 2 INADEQUATE STORAGE 2,091 3/14/2001

BILL-MAR HEIGHTS MHP - IL2015345 RS 1

INADEQUATE PRESSURE

BILLS MHP - IL0915165 RS 2

INADEQUATE PRESSURE

BLUFORD - IL0810100 CR 7 LOW SYSTEM PRESSURE 1,587 3/20/1981

BRADLEY HEIGHTS SUBDIVISION -

INADEQUATE PRESSURE

BROWNING - IL1690050 CR 5

INADEQUATE SOURCE

BUCKINGHAM - IL0910250 RS 2

INADEQUATE PRESSURE

BUSY BEE MHP - IL1975195 RS 2

INADEQUATE PRESSURE

CAPRON MHP - IL0075105 RS 1

INADEQUATE PRESSURE

CARROLL HEIGHTS UTILITIES

COMPANY - IL0155200

INADEQUATE PRESSURE

CASEYVILLE - IL1630250 CR 6 INADEQUATE STORAGE 9,900 10/1/2004

CEDARVILLE - IL1770050 CR 1

EMERGENCY POWER 800 1/1/2006

CENTURY PINES APARTMENTS -

INADEQUATE PRESSURE

CHAIN-O-LAKES MHP - IL0975165 RS 2

INADEQUATE PRESSURE

CHANDLERVILLE - IL0170200 RS 5

INAD & UNAPPROVED

CLARKS MHP - IL2015425 RS 1

INADEQUATE PRESSURE

COLUMBIA - IL1330050 CR 6

INADEQUATE PUMPING

8,365 3/15/1998

COOKSVILLE - IL1130400 RS 4 TTHM & HALOACIDIC ACIDS 300 9/15/2005

Environmental Register – July 2006

COUNTRY ACRES MHP (WHITESIDE

COUNTY) - IL1955135

INADEQUATE PRESSURE

COUNTRY VIEW ESTS MHP -

INADEQUATE PRESSURE

COUNTRYSIDE MOBILE HOME

ESTATES MHP - IL0915265

INADEQUATE PRESSURE

COYNE CNTR COOP - IL1615150 RS 1

INADEQUATE PRESSURE

CRISWELL COURT MHP - IL1975105 RS 2

INADEQUATE PRESSURE

CROPPERS 1ST 4TH AND 5TH

ADDITION - IL1615250

CR 1 UNDERSIZED WATERMAINS 650 1/1/2006

CROPSEY COMMUNITY WATER -

INADEQUATE PRESSURE

CRYSTAL CLEAR WATER COMPANY -

INADEQUATE PRESSURE

D L WELL OWNERS ASSOCIATION -

INADEQUATE PRESSURE

DATTIS MHP - IL0995225 RS 1

INADEQUATE PRESSURE

DE KALB UNIV DVL CORP - IL0375148 RS 1

INADEQUATE PRESSURE

1,050 12/16/1992

DE PUE - IL0110300 CR 1

INADEQUATE TREATMENT

1,729 12/15/1993

DEARBORN MHP - IL0895185 RS 2

INADEQUATE PRESSURE

DEERING OAKS SUBDIVISION -

INADEQUATE PRESSURE

DES PLAINES MHP - IL0317775 RS 2

INAD PRESSURE & SOURCE

DIAMOND LAKE MHP - IL0975185 RS 2

INADEQUATE PRESSURE

DONNELLSON - IL0054360 RS 6 TRIHALOMETHANE 197 9/15/2005

DOVER - IL0110350 RS 1

INADEQUATE PRESSURE

EAST END WATER ASSOCIATION -

INADEQUATE STORAGE

EAST MORELAND WATER

CORPORATION - IL1975640

INADEQUATE PRESSURE

EASTMORELAND WTR SERVICE ASSN

INADEQUATE PRESSURE

EATON PWD - IL0335100 RS 4

INADEQUATE SOURCE

Environmental Register – July 2006

* EFFINGHAM - IL0490250 CR 4 INADEQUATE DISINFECTION 12,400 6/1/2006

EHLERS MHP - IL0195645 RS 4

INADEQUATE PRESSURE

ELIZABETH - IL0850150 CR 1 LOW SYSTEM PRESSURE 682 6/15/1999

EVANSVILLE - IL1570250 RS 6

TRIHALOMETHANE 740 6/15/2002

EVERGREEN VILLAGE SUBDIVISION -

INADEQUATE PRESSURE

EXETER-MERRITT WATER COOP -

INADEQUATE PRESSURE

EXPRESSWAY MHP - IL0015545 RS 5

INADEQUATE PRESSURE

FAHNSTOCK COURT SUBDIVISION -

INADEQUATE PRESSURE

FAIR ACRES SUBDIVISION - IL1975680 RS 2

INADEQUATE PRESSURE

FOREST LAKE ADDITION - IL0975500 RS 2

INADEQUATE PRESSURE

GALENA - IL0850200 CR 1 LOW SYSTEM PRESSURE 3,640 6/15/1999

GARDEN STREET IMPROVEMENT

ASSOCIATION - IL1975376

INADEQUATE PRESSURE

GOOD SHEPHERD MANOR - IL0915189 RS 2

INADEQUATE PRESSURE

GRANDVIEW MHP - IL1795365 RS 5

INADEQUATE PRESSURE

GREAT OAKS AND BEACON HILLS

APARTMENTS - IL2015488

INADEQUATE PRESSURE

2,420 12/17/1982

GREEN ACRES MHP - IL1035165 RS 1

INADEQUATE PRESSURE

HAMEL - IL1190450 CR 6

INADEQUATE STORAGE

HAWTHORN WOODS - IL0970450 RS 2

INADEQUATE PRESSURE

HEATHERFIELD SUBDIVISION -

INADEQUATE PRESSURE

HECKER - IL1330150 RS 6

DISINFECTION BY-

HETTICK - IL1170500 RS 5

TRIHALOMETHANE 182 6/15/2002

HIATTS HIDEAWAY MHP - IL1795495 RS 5

INADEQUATE PRESSURE

Environmental Register – July 2006

HIGHLAND SUBDIVISION - IL0895530 RS 2

INADEQUATE PRESSURE

HILLSDALE MHP - IL1615530 RS 1

INADEQUATE PRESSURE

HILLVIEW SUBDIVISION - IL1975800 RS 2

INADEQUATE PRESSURE

HOLIDAY SHORES SD - IL1195110 CR 6

INADEQUATE STORAGE

HOLLY HOCK HILL MHP - IL0975245 RS 2

INADEQUATE PRESSURE

HOLY FAMILY VILLA - IL0310280 RS 2

INADEQUATE PRESSURE

IMPERIAL MHP - IL1975225 RS 2

INADEQUATE PRESSURE

INGALLS PARK SUBDIVISION -

INADEQUATE PRESSURE

JOY - IL1310100 CR 1 LOW SYSTEM PRESSURE 373 6/15/1999

KERSHAW MHP - IL0735345 RS 1

INADEQUATE PRESSURE

KINGS MOBILE COURT MHP -

INADEQUATE PRESSURE

KIRK WATER LINE INC - IL0330030 RS 4

INADEQUATE SOURCE

LA MOILLE - IL0110500 CR 1

INADEQUATE PLANT

LA SALLE - IL0990300 CR 1

INAD PLANT & SOURCE

9,700 11/1/2004

LACON - IL1230100 CR 1 UNDERSIZED WATERMAINS 1,979 1/1/2006

LAKE LYNWOOD WATER SYSTEM -

INADEQUATE PRESSURE

LAKEVIEW MHP - IL1415145 RS 1

INADEQUATE PRESSURE

LARCHMONT SUBDIVISION -

INADEQUATE PRESSURE

LARSON COURT APARTMENTS -

INADEQUATE PRESSURE

LEE - IL1034600 CR 1

INADEQUATE PRESSURE

LEGEND LAKES WATER

ASSOCIATION - IL2015300

INADEQUATE PRESSURE

LIBERTY PARK HOMEOWNERS

ASSOCIATION - IL0435600

INADEQUATE PRESSURE

Environmental Register – July 2006

LINDENWOOD WATER ASSOCIATION

INADEQUATE PRESSURE

LISBON NORTH, INC. - IL0631000 RS 2

INADEQUATE PRESSURE

LONDON MILLS - IL0574620 RS 5

INADEQUATE PRESSURE

LYNN CENTER - IL0735100 RS 1

INADEQUATE PRESSURE

LYNNWOOD WATER CORPORATION -

INADEQUATE PRESSURE

M C L W SYSTEM, INC. - IL1315150 RS 1 INADEQUATE SOURCE 98 3/20/1981

MALDEN - IL0110550 CR 1 UNDERSIZED WATERMAINS 370 1/1/2006

MANCUSO VILLAGE PARK MHP -

INADEQUATE PRESSURE

MANTENO MHP - IL0915385 RS 2

INADEQUATE PRESSURE

MARION - IL1990550 CR 7

INADEQUATE SOURCE

14,610 11/1/2001

MASON CITY - IL1250350 CR 5

INADEQUATE STORAGE

MATHERSVILLE - IL1310200 CR 1

INADEQUATE SYSTEM

MC HENRY SHORES WATER

COMPANY - IL1115020

CR 2 LOW SYSTEM PRESSURE 1,813 9/17/1992

MECHANICSBURG-BUFFALO WATER

COMMISSION - IL1675150

INADEQUATE SOURCE

1,350 3/15/1998

MOECHERVILLE WATER DISTRICT -

INADEQUATE PRESSURE

MORTON MOBILE HOME PARK -

INADEQUATE PRESSURE

MOUND PWD - IL1635050 RS 6

INADEQUATE PLANT

2,200 6/17/1996

* NAUVOO - IL0670500 CR 5 INADEQUATE DISINFECTION 1,071 6/1/2006

NEARTOWN MHP - IL2015565 RS 1

INADEQUATE PRESSURE

NORTHWEST BELMONT

IMPROVEMENT ASSOCIATION -

INADEQUATE PRESSURE

OAK GROVE MHP - KANE COUNTY -

INADEQUATE PRESSURE

OAK GROVE MHP - ROCK ISLAND

COUNTY - IL1617785

INADEQUATE PRESSURE

Environmental Register – July 2006

OAK LAWN MHP - IL0075275 RS 1

INADEQUATE PRESSURE

OAK RIDGE SD - IL2035300 RS 1

INADEQUATE PRESSURE

OAKBROOK ESTATES MHP -

INADEQUATE PRESSURE

OASIS MHP - IL0315185 RS 2

INADEQUATE PRESSURE

1,797 3/14/1991

OLIVET NAZARENE UNIVERSITY -

INADEQUATE PRESSURE

OPHIEM PWS - IL0735150 RS 1

INADEQUATE PRESSURE

OSCO MUTUAL WATER SUPPLY

COMPANY, INC. - IL0735200

INADEQUATE PRESSURE

OTTER CREEK LAKE UTILITIES

DISTRICT - IL2015320

INADEQUATE STORAGE

2,753 10/14/2005

OTTER LAKE WATER CMSN (

ADGPTV) - IL1175200

CR 5 INAD PLANT & SOURCE CAP 1,251 7/1/2006

PANAMA - IL0054720 RS 6 TTHM, DBP, INAD STORAGE 380 1/1/2006

PARADISE MANOR MHP - IL1617665 RS 1

INADEQUATE PRESSURE

PARADISE MHP - IL0310010 RS 2

INADEQUATE PRESSURE

PARK MEADOWLAND WEST MHP -

INADEQUATE PRESSURE

PATOKA - IL1210400 RS 6

INADEQUATE PLANT

PAULS MHP - IL0975485 RS 2

INADEQUATE PRESSURE

PERRYS SOUTH TERRACE MHP -

INADEQUATE PRESSURE

PITTSFIELD - IL1490750 RS 5

DISINFECTION BY-

4,250 1/15/2005

PLEASANT PLAINS MHP - IL0195845 RS 4

INADEQUATE PRESSURE

PLEASANT RIDGE MHP - IL0435945 RS 2

INADEQUATE PRESSURE

POLO DR AND SADDLE RD

SUBDIVISION - IL0437000

INADEQUATE PRESSURE

PORTS SULLIVAN LAKE OWNERS

ASSOCIATION - IL0971160

INADEQUATE PRESSURE

PRAIRIE RIDGE ASSOCIATION -

INADEQUATE PRESSURE

Environmental Register – July 2006

PRAIRIE VIEW ESTATES MHP -

INADEQUATE PRESSURE

RAINBOW LANE MHP - IL2015645 RS 1

INADEQUATE PRESSURE

RIDGECREST NORTH SUBDIVISION -

INADEQUATE PRESSURE

RIDGEWOOD LEDGES WATER

ASSOCIATION - IL1615670

INADEQUATE PRESSURE

RIDGEWOOD SUBDIVISION -

INADEQUATE PRESSURE

RIVER OAKS MHP - IL1617945 RS 1

INADEQUATE PRESSURE

RIVER ROAD MHP - IL1775185 RS 1

INADEQUATE PRESSURE

RIVERCREST MHP - IL0915445 RS 2

INADEQUATE PRESSURE

RIVERSIDE ESTATES MHP - IL1955165 RS 1

INADEQUATE PRESSURE

RIVERVIEW MHP (HENRY COUNTY) -

INADEQUATE PRESSURE

RIVERVIEW MHP (WINNEBAG0) -

INADEQUATE PRESSURE

ROBINSON-PALESTINE WATER

COMMSSION - IL0335030

INADEQUATE PLANT

11,317 11/1/2001

ROCKLAND MHP - IL0975585 RS 2

INADEQUATE PRESSURE

ROLLING GREEN ESTATES MHP -

INADEQUATE PRESSURE

ROLLING MEADOWS MHP - IL1415265 RS 1

INADEQUATE PRESSURE

ROYAL OAKS MHP - IL1115145 RS 2

INADEQUATE PRESSURE

SCALES MOUND - IL0850400 CR 1 LOW SYSTEM PRESSURE 400 9/15/1997

SENECA - IL0991050 CR 1

INADEQUATE PLANT

2,053 6/15/1999

SHANGRI-LA MHP - IL1415285 RS 1

INADEQUATE PRESSURE

SHAWNITA TRC WATER

ASSOCIATION - IL1977690

INADEQUATE PRESSURE

SILVIS HEIGHTS WATER CORP -

INADEQUATE HYDRO

1,600 12/1/2003

SIX OAKS MHP - IL2015685 RS 1

INADEQUATE PRESSURE

Environmental Register – July 2006

SKYVIEW SBDV - IL0915526 RS 2

INADEQUATE PRESSURE

SMITHBORO - IL0050250 RS 6

DISINFECTION BY-

SOUTH HIGHWAY PWD - IL0775400 CR 7

LOW SYSTEM PRESSURE &

SPRING LAKES MHP - IL0315145 RS 2

INADEQUATE PRESSURE

ST CHARLES COMMSSION

WELLFUND 3 - IL0437040

INADEQUATE PRESSURE

STEPHENSON MOBILE ESTATES -

INADEQUATE PRESSURE

STOCKTON - IL0850450 CR 1 LOW SYSTEM PRESSURE 1,871 6/15/1984

STRATFORD WEST APARTMENTS -

INADEQUATE PRESSURE

SUBURBAN HEIGHTS SUBDIVISION -

INADEQUATE PRESSURE

SUMMIT HOMEOWNERS

ASSOCIATION - IL0975280

INADEQUATE PRESSURE

SUMNER - IL1010300 CR 7 LOW SYSTEM PRESSURE 1,481 12/13/1985

SUNNY ACRES MHP - IL0915545 RS 2

INADEQUATE PRESSURE

SUNNY HILL ESTATES SUBDIVISION -

INADEQUATE PRESSURE

SUNNYLAND SUBDIVISION -

INADEQUATE PRESSURE

SUNSET MHP - IL0310080 RS 2

INADEQUATE PRESSURE

1,290 6/15/1988

SWEDONA WATER ASSOCIATION -

INADEQUATE PRESSURE

SYLVAN LAKE 1ST SUBDIVISION -

INADEQUATE PRESSURE

TALL PINES MHP - IL1955225 RS 1

INADEQUATE PRESSURE

THE GROVE MHP - IL0115525 RS 1

INADEQUATE PRESSURE

TIMBER RIDGE MOBILE ESTATES -

INADEQUATE PRESSURE

TOUHY MHP - IL0317765 RS 2

INADEQUATE PRESSURE

1,088 6/17/1983

TOWNERS SUBDIVISION - IL0977250 RS 2

INADEQUATE PRESSURE

Environmental Register – July 2006

UTILITIES INC HOLIDAY HILLS -

INADEQUATE PRESSURE

UTL INC-LAKE HOLIDAY - IL0995200 RS 1

5,460 9/15/1998

UTL INC-LAKE MARIAN WATER

CORPORATION - IL0895200

INAD PRES STORAGE & LOW

UTL INC-NORTHERN HILLS UTLITIES

COMPANY - IL1775050

INADEQUATE PRESSURE

UTL INC-WALK-UP WOODS WATER

COMPANY - IL1115800

INADEQUATE PRESSURE

VIETZEN MHP - IL0437245 RS 2

INADEQUATE PRESSURE

WALNUT HILL - IL1210600 CR 6 LOW SYSTEM PRESSURE 1,470 6/14/1985

WATERLOO - IL1330300 CR 6 INADEQUATE STORAGE 7,614 10/1/2004

WEST SHORE PARK SUBDIVISION -

INADEQUATE PRESSURE

WEST SHORELAND SUBDIVISION -

INADEQUATE PRESSURE

WEST SIDE MHP - IL0395225 RS 4

INADEQUATE PRESSURE

WESTERN WAYNE WATER DISTRICT -

RS 7 TRIHALOMETHANE 2,262 9/15/2005

WESTWIND ESTATES - IL1135265 RS 4

INADEQUATE PRESSURE

WHISPERING PINES MHP - IL0990060 RS 1

INADEQUATE PRESSURE

WIENEN ESTATES - IL0850030 RS 1

INADEQUATE PRESSURE

WILDLIFE MHP - IL0995425 RS 1

INADEQUATE PRESSURE

WILDWOOD COMMUNITIES -

INADEQUATE PRESSURE

1,001 12/15/1989

WILLIAMSON - IL1191100 RS 6 TRIHALOMETHANE 340 9/15/2005

WILLOWAY TERRACE MHP -

INAD PRES & SOURCE

WONDER LAKE WATER COMPANY -

INADEQUATE PRESSURE

1,442 6/16/1994

WOODLAND A AND B MHP -

INADEQUATE PRESSURE

WORDEN - IL1191200 CR 6

INADEQUATE STORAGE

Environmental Register – July 2006

YORK CENTER COOP - IL0437550 RS 2

INADEQUATE PRESSURE

WATER SYSTEMS REMOVED SINCE LAST QUARTER

FORWARD SKYLINE PLANT IL0895030

CLAYTON CAMP POINT IL0015200

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

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

Control Board Regulations, the Illinois EPA has prepared the following list of facilities which are

on Restricted Status. Restricted Status is defined as the Agency determination that a sewer or lift

station has reached hydraulic capacity or that a sewage treatment plant has reached design

capacity, such that additional sewer connection permits may no longer be issued without causing a

violation of the Act or Regulations. Please note that the list is continually being revised to reflect

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

or transport system, please contact this Agency for a final determination. This listing reflects the

status as of June 30, 2006.

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

alleviate problems, which resulted in imposition of Restricted Status. Facilities followed by a

double asterisk (**) are additions to the list.

FACILITY NAME

RESPONSIBLE AUTHORITY

Alhambra STP Village of Alhambra Madison 0

Bonnie Brae Forest Manor SD

Bonnie Brae Forest Manor SD Will 0

Bourbonnais (Belle Aire Subd.) Village of Bourbonnais Kankakee 0

Environmental Register – July 2006

Camelot Utilities

Wastewater Collection System

Camelot Utilities Will 0

(a portion mh 60-68)

Village of Camp Point Adams 0

Clearview S.D. Clearview S.D. McLean 0

Davis Junction Village of Davis Junction Ogle 0

East Alton City of East Alton Madison 0

Farmington City of Farmington Fulton 0

Harvard WWTP City of Harvard McHenry 0

Hurst & Blairville Collection

City of Hurst Williamson 0

Lockport Heights SD STP City of Lockport Will 0

Port Byron STP Village of Port Byron Rock Island 0

Richmond WWTP Village of Richmond McHenry

Rosewood Heights S.D.-

Ninth Street LS

Rosewood Heights S.D. Madison 0

Saint Elmo City of Saint Elmo Fayette 0

South Palos Twp. SD South Palos Twp. South Palos Twp. 0

Sundale Utilities – Washington

Sundale Utilities Corporation Tazewell 0

Taylorville-Shawnee Ave.

City of Taylorville Christian 0

Utilities Unlimited Utilities Unlimited Will 0

Washington (Rolling Meadows) City of Washington Tazewell 0

Deletions from previous quarterly report: None

Additions from previous quarterly report: None

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

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

Control Board Regulations, the Illinois Environmental Protection Agency has prepared the

following list of facilities which are on Critical Review. Critical Review as defined as the Agency

determination that a sewer or lift station is approaching hydraulic capacity or that a sewage

treatment plant is approaching design capacity such that additional sewer connection permit

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

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

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

transport system, please contact the Agency for a final determination. This listing reflects the

status as of June 30, 2006.

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

RESPONSIBLE

Algonquin Village of Algonquin

Aqua Illinois, Inc. Aqua Illinois, Inc. Will 2,320 145

Environmental Register – July 2006

University Park

Antioch STP Village of Antioch Lake 421 0

Beardstown SD City of Beardstown Cass 1,731

Benton-Southeast STP City of Benton Franklin 60 0

Bethalto (L.S. #1) Village of Bethalto Madison 87 0

Carrier Mills Village of Carrier Mills Saline 836 0

Carrollton City of Carrollton Greene 140 0

Citizens Utilities Co. of

Citizens Utilities Co.

Charleston City of Charleston Coles 5,259 0

Downers Grove S.D. Downers Grove S.D. DuPage 2,124 72

East Dundee STP Village of E. Dundee Kane 550 0

Elkville Village of Elkville Jackson 6 0

Ferson Creek Utilities

Utilities, Inc. Will 70 0

County of Lake Public

Works Department

Lockport City of Lockport Will County 0 1355

Moline (North Slope) City of Moline Rock Island 1,151 0

Morris STP City of Morris Grundy 0 338

New Lenox STP 1*** Village of New Lenox Will 0 533

Paris STP City of Paris Edgar 0 0

Rock Island (Main) City of Rock Island Rock Island 4,080 0

Streator City of Streator LaSalle/

Wauconda – Remaining

Collection System

& Lakeview Villa LS

Village of Wauconda Lake ***

Wauconda WWTP Village of Wauconda Lake 7

Deletions from previous quarterly report: None

Additions from previous quarterly report: None

***Contact IEPA – Permit Section

MAP:\epa1176\rscr\june2q06draft.doc

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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.

Environmental Register

is published monthly by the Board, and

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

calendar, and other environmental law information.

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

Illinois Pollution Control Board

Environmental Register Coordinator

1021 N. Grand Avenue East

Springfield, Illinois 62794-9274