G. Tanner Girard, Acting Chairman

Board Members:

Thomas E. Johnson, Nicholas J. Melas, Andrea S. Moore

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-3620

(312) 814-6032 TDD

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

(217) 524-8500

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

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Letter from the Chairman

Looking back, the Board had an ambitious slate of rulemaking dockets during

calendar year 2006. The Board successfully adopted a large variety of

environmental regulations in addition to new rules for controlling mercury

emissions from coal-fired electrical generating units ((Proposed

New 35 Ill.

Adm. Code 225 Control of Emissions from Large Combustion Sources

(Mercury), R06-25). I will summarize a few of those regulations that generated

substantial public interest and involvement in the last year, except for the new

mercury regulations that have been discussed in previous Chairman’s letters.

On September 7, 2006, the Board adopted a rulemaking for final notice adding

standards and requirements for potable water well surveys and for community-

relations activities in response to impacts or threats from soil and groundwater

contamination.

See

Standards and Requirements for Potable Water Well Surveys

and for Community Relations Activities Performed in Conjunction with Agency

Notices of Threats from Contamination (35 Ill. Adm. Code 1505), R06-23. The

Illinois Environmental Protection Agency (IEPA) filed this proposal in response to Public Act 94-314, effective

July 25, 2005, which added a new Title VI-D (“Right-To-Know”) to the Environmental Protection Act (Act).

On August 17, 2006, the Board adopted for final notice regulations establishing a permit program for the use of

clean construction or demolition debris (CCDD) as fill material in current or former quarries, mines, or other

excavations.

See

Clean Construction or Demolition Debris Fill Operations Under P.A. 94-272 (35 Ill. Adm. Code

Part 1100), R06-19. Public Act 94-272, effective July 19, 2005, requires a permit to use CCDD as fill material in a

current or former quarry, mine, or other excavation. Public Act 94-272 also directed the Board to adopt regulations

by September 1, 2006 for the use of CCDD as fill material.

On February 16, 2006, the Board adopted for final notice general use water quality standards for combined radium

226 and 228.

See

Revisions To Radium Water Quality Standards: Proposed New 35 Ill. Adm. Code 302.307 and

Amendments To 35 Ill. Adm. Code 302.207 and 302.525 R 04-21. The Board adopted a standard of 3.75 picocuries

per liter (pCi/L) combined radium 226 and 228 and set the standard as an annual average value. This standard

applies to all general use waters of the State, including stream segments that receive discharge from POTWs, as well

as the Lake Michigan Basin. The Board also adopted a standard of 5 pCi/L combined radium 226 and 228 as an

instantaneous maximum standard for public and food processing water supply intakes.

On January 19, 2006, the Board adopted for final notice an interim phosphorus effluent standard.

See

Proposed 35

Ill. Adm. Code 304.123(g), 304.123(h), 304.123(i), 304.123(j), and 304.123(k), R04-26. The Board adopted a

phosphorus effluent limit of 1.0 milligram per liter (mg/L) as a monthly average that applies to new or expanded

discharges from wastewater treatment plants with either a design average flow of more than 1.0 million gallons per

day receiving municipal or domestic waste water, or a total phosphorus effluent load of 25 pounds per day or more

for treatment works other than those treating municipal or domestic wastewater. However, if the source can

demonstrate that phosphorus is not the limiting nutrient in the receiving water, or that alternative phosphorus

effluent limits are warranted by the aquatic environment in the receiving water, the 1.0 mg/L effluent limit would

not apply.

Please visit the Board’s website (

www.ipcb.state.il.us) for a more comprehensive view of our rulemaking

accomplishments during 2006. As always, the Board is very grateful for our dedicated, hard-working staff that are

responsible for the Board’s exceptional productivity.

Next month, I’ll summarize rulemaking dockets in which the Board expects to make substantial progress during

calendar year 2007. In the meantime, on behalf of my Board colleagues and staff, best wishes to you for a very

happy New Year.

Sincerely,

G. Tanner Girard, Ph.D.

Acting Chairman

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Environmental Register – December 2006

Inside This Issue:

FEDERAL UPDATE

P. 1

R

ULE UPDATE

P. 2

B

OARD ACTIONS

P. 5

N

EW CASES

P. 11

P

ROVISIONAL VARIANCES

P. 13

B

OARD CALENDAR

P. 14

Federal Update

United States Environmental Protection Agency Publishes Notice to Reconsider Specific

Portions of the Phase 2 of the Final Rule To Implement the 8-Hour Ozone National Ambient

Air Quality Standard Under the Clean Air Act

On December 19, 2006 (71 Fed. Reg. 75902) the United States Environmental Protection Agency

(USEPA) published a notice that it would reconsider and take additional comment on three

provisions in the final Phase 2 8-hour ozone implementation rule.

USEPA initially published Phase 2 of the final rule to implement the 8-hour ozone national

ambient air quality standard (NAAQS) on November 29, 2005 (70 Fed. Reg. 71611).

Subsequent to rule adoption, USEPA received a petition to reconsider specific aspects of this final

rule. As a result of that petition, on December 19,2006, USEPA announced its decision to

reconsider and take additional comment on three provisions in the final Phase 2 8-hour ozone

implementation rule:

The determination that electric generating units (EGUs) that comply with rules

implementing the Clean Air Interstate Rule (CAIR) and that are located in States where

all required CAIR emissions reductions are achieved from EGUs meet the 8-hour ozone

State implementation plan (SIP) requirement for application of reasonably available

control technology (RACT) for nitrogen oxide (NO

x

) emissions;

A new source review (NSR) requirement allowing sources to use certain emission

reductions as offsets under certain circumstances; and

An NSR provision addressing when requirements for the lowest achievable emission rate

(LAER) and emission offsets may be waived.

In addition, USEPA requested comments on postponing the submission date for the RACT SIP

for RACT SIPs for EGUs in the CAIR region. USEPA stated that it is accepting comments only

on the three issues specifically identified in this notice and the submission date issue, and that it

does not intend to respond to comments addressing other provisions of the final 8-hour ozone

implementation rule.

Comments must be received on or before January 18, 2007. Submit your comments, identified by

Docket ID No. EPA-HQ-OAR-2003-0079, by one of the following methods:

Online at

www.regulations.gov. Follow the on-line instructions for submitting

comments.

E-mail: at A

a-and-r-docket@epa.gov

Mail: EPA Docket Center, EPA West (Air Docket), Attention Docket ID No. EPA-HQ-

OAR-2003-0079, Environmental Protection Agency, Mail Code: 6102T, 1200

Pennsylvania Ave., NW., Washington, DC 20460.

1

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Environmental Register – December 2006

For further information on the issue relating to NO

x

RACT for EGU sources in CAIR States,

contact Mr. John Silvasi, Office of Air Quality Planning and Standards, U.S. Environmental

Protection Agency, (C539-01), Research Triangle Park, NC 27711, phone number (919) 541-

5666, fax number (919) 541-0824 or by e-mail at

silvasi.john@epa.gov.

For further information on the NSR issues, contact Mr. David Painter, Office of Air Quality

Planning and Standards, (C504-03), U.S. EPA, Research Triangle Park, North Carolina 27711,

telephone number (919) 541-5515, fax number (919) 541-5509, e-mail:

painter.david@epa.gov"

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

Environmental Protection Agency (IEPA) 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)).

The Board notes that the IEPA proposal for Illinois CAIR rules is currently pending before the

Board in

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 (R06-26). The Board

held hearings on the proposal in October and November 2006. The Board will evaluate public

comments submitted on or before January 5, 2007, and then determine the nature of additional

proceedings in the docket.

Rule Update

Board Adopts Second Notice Opinion and Order in Proposed Amendments to Tiered

Approach to Corrective Action Objectives (35 Ill. Adm. Code 742)(R06-10)

On December 7, 2006, the Board adopted a second notice opinion and order in

Proposed

Amendments to Tiered Approach to Corrective Action Objectives (35 Ill. Adm. Code 742), R06-

10. The rulemaking seeks to update, improve, and correct many provisions of the Tiered

Approach to Corrective Action Objectives (TACO) remediation rules, which are critical to

addressing the risks posed by contaminated properties in Illinois. The rulemaking is based on the

September 30, 2005 proposal filed by the Illinois Environmental Protection Agency (IEPA).

The Board held hearings in January and March 2006. The Board did not receive any comments

on its September 7, 2006 first notice proposal, published at 30

Ill. Reg.

15366 (September 29,

2006). The Board has sent the rulemaking, pursuant to the Illinois Administrative Procedure Act

(5 ILCS 100/1-1

et seq.

(2006)), to the Joint Committee on Administrative Rules (JCAR) for its

review, currently scheduled for the February 6, 2007 JCAR meeting.

Among the amendments adopted for second notice is the addition of background soil levels as

remediation objectives for polynuclear aromatic hydrocarbons (PAHs), reflecting that significant

levels of PAHs are ubiquitous throughout much of Illinois. In addition, the Board proposed

revisions to protect construction workers at properties cleaned up to residential levels. This

change was needed because numerous chemicals listed in TACO were found to have

“industrial/commercial construction worker inhalation” remediation objectives that are more

stringent than the “residential inhalation” objectives. Of course, construction work may occur on

residential properties, including emergency work or repairs, and many industrial or commercial

sites are cleaned up to TACO residential levels.

The Board also proposed adding a new subsection (h) to Section 742.105 on TACO applicability,

to clarify that landfills cannot use TACO in lieu of the procedures and requirements applicable to

landfills under 35 Ill. Adm. Code 807, 811-814.

The amendments also included changes to clarify the use of Highway Authority Agreements

(HAAs). These agreements are typically between the highway authority and the property owner.

The amendments address situations when a leaking underground storage tank (LUST) owner or

operator (the person who would receive the No Further Remediation (NFR) Letter) is not the

owner of the property. In addition, the Board proposed a new instrument as an institutional

control (Highway Authority Agreement Memorandum of Agreement or HAA MOA) to address

2

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Environmental Register – December 2006

situations where the highway authority is the property owner or LUST owner or operator and

contamination remains under the highway. The problem resolved by this amendment is that the

highway authority cannot enter into a binding agreement with itself. The HAA MOA would be

entered into between the highway authority and the IEPA. Finally, the Board proposed adding

new requirements to alert the IEPA of actions by local governments regarding institutional control

ordinances. This responds to IEPA hearing testimony that it was aware of at least two instances

where ordinances approved as institutional controls were later amended or repealed without notice

to the IEPA.

The Board also proposed changes to enhance flexibility in using ordinances as institutional

controls to restrict groundwater usage. The IEPA testified that under the existing Section

742.320(d), an ordinance could be used to exclude the groundwater ingestion exposure route only

if the ordinance effectively prohibits installing and using potable water supply wells within 2,500

feet from the source of the release. The 2,500-foot distance was originally adopted to correspond

to the maximum setback zone for a community water supply well under Section 14.3 of the

Environmental Protection Act (415 ILCS 5/14.3). However, sites near a municipal boundary

cannot currently use this institutional control where the 2,500-foot radius would extend beyond

the municipal boundary, and there is no such ordinance in effect beyond the municipal boundary.

To address this issue, the Board proposed allowing use of a groundwater ordinance for any area

within the measured and modeled extent of groundwater contamination above what would

otherwise be the applicable Tier I groundwater objectives.

Lastly, the Board proposed adding new institutional control forms to be used by participants in

regulatory programs subject to the TACO remediation objectives. These forms are based on

model documents that the IEPA had posted on its Web site for easy public use. The IEPA stated

that it would now be appropriate to codify the model documents and formally require their use.

Copies of the Board’s opinion and order in R06-10 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 Second Notice Opinion and Order in

Revisions to Water Quality Standards

for Total Dissolved Solids in the Lower Des Plaines River for ExxonMobil Oil Corporation:

Proposed 35 Ill. Adm. Code 303.445 (R06-24)

On December 7, 2006, the Board adopted a second notice opinion and order in

Revisions to Water

Quality Standards for Total Dissolved Solids in the Lower Des Plaines River for ExxonMobil Oil

Corporation: Proposed 35 Ill. Adm. Code 303.445,R06-24. The site-specific rulemaking

addresses discharges of Total Dissolved Solids (TDS) from the ExxonMobil Joliet Refinery in

Will County during the months of November through April in each year.

The Board held a hearing June 14, 2006 on the February 7, 2006 proposal filed by ExxonMobil

Oil Corporation (ExxonMobil). The Board did not receive any comments on its March 2, 2006

first notice proposal, published at 30

Ill. Reg.

4581 (March 17, 2006). The Board has sent the

rulemaking, pursuant to the Illinois Administrative Procedure Act (5 ILCS 100/1-1

et seq.

(2006)), to the Joint Committee on Administrative Rules (JCAR) for its review, currently

scheduled for the February 6, 2007 JCAR meeting.

The proposal would set 1,686 milligrams per Liter (mg/L) as the TDS levels for both Secondary

Contact and Indigenous Aquatic life Use Waters General Use Waters. This 1,686 mg/L standard

would apply instead of the general use standard of 1,000 mg/L found in 35 Ill. Adm. Code

302.208 and the secondary contact use standard of 1,500 mg/L found in 302.407.

ExxonMobil owns and operates the Joliet Refinery (refinery) located in Channahon Township on

a 1,300-acre tract of land in unincorporated Will County. The site is adjacent to Interstate 55 at

the Arsenal Road exit, approximately 50 miles southwest of Chicago. The refinery employs more

3

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Environmental Register – December 2006

than 500 full-time employees, and approximately 100 additional ExxonMobil employees who

provide regional support services are also located at the refinery.

On October 11, 2005, ExxonMobil was a party to a consent decree involving the United States of

America, as well as the States of Illinois, Louisiana, and Montana. Under that consent decree,

ExxonMobil must, among other things, make substantial investments in air emissions reductions

at the Joliet Refinery. The consent decree calls for the use of a wet gas scrubber in addition to

added technology, which will contribute to additional sulfate and TDS to the wastewater treatment

system.

ExxonMobil has asserted that because of occasional observed TDS violations in the Des Plaines

River and in light of 35 Ill. Adm. Code 302.102(b)(9), the Illinois Environmental Protection

Agency (IEPA) could not issue the wastewater construction permit needed by ExxonMobil.

ExxonMobil and the IEPA believe that Board adoption of the proposed 1,686 mg/L TDS standard

would allow for issuance of a permit approvable by the United States Environmental Protection

Agency.

Copies of the Board’s opinion and order in R06-24 may be obtained by calling Dorothy Gunn at

312-814-3620, or by downloading copies from the Board’s Web site at

www.ipcb.state.il.us

.

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

knittlej@ipcb.state.il.us

Board Adopts Final Opinion and Order in

Proposed New 35 Ill. Adm. Code 225 Control of

Emissions from Large Combustion Sources (Mercury) (R06-25)

On December 21, 2006, the Board adopted a final notice opinion and order in

Proposed New 35

Ill. Adm. Code 225 Control of Emissions from Large Combustion Sources (Mercury)

(R06-25).

The adopted rule was filed with the Secretary of State’s Index department and became effective

December 21, 2006. The adopted rule was published at 31

Ill. Reg.

129 (January 5, 2006).

Substance of the Mercury Proposal

The Board has previously described the contents of the proposal in some detail in these pages.

See

March 2006, pg. 12, April 2006 pg. 7, May 2006 pg. 4, June 2006 pg. 4, July 2006 pg. 12,

September 2006 pg. 5, and November 2006 pg. 2. The Board will not repeat its lengthy

explanation here.

In brief, the new Part 225 requires Illinois coal-fired electrical generating units (EGUs) that serve

a generator greater than 25 megawatts producing electricity for sale to begin to utilize control

technology for mercury as necessary to achieve the numerical standards set by the rule beginning

July 1, 2009.

To achieve this goal while preserving flexibility, the regulations provide new and existing sources

with two alternative mercury emission standards to demonstrate compliance. The first alternative

allows a source to comply with a mercury emission standard of 0.0080 lb mercury/GWh gross

electrical output for each EGU. In the alternative, sources may control emissions by a minimum

of 90% from input mercury levels. In addition, through December 31, 2013, companies with

several sources with EGUs may utilize averaging demonstrations between the sources. Those

sources that have no sister plants are grouped into a co-op so that they may also average amongst

the listed facilities. However, every source in the averaging demonstration must attain at least a

75% reduction of input mercury or 0.020 lb mercury/GWh gross electrical output. The proposal

also sets forth permitting, monitoring, recordkeeping, and reporting requirements for affected

sources.

The new rule contains Sections to address additional flexibility for the regulated community, the

Multi Pollutant Standard (MPS) and the Temporary Technology Based Standard (TTBS). The

MPS provisions allow an additional level of flexibility for mercury control, if a source commits to

4

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Environmental Register – December 2006

making specified reductions in nitrogen oxides (NO

x

) and sulfur dioxide (SO

2

) emissions within a

set timeframe. The TTBS addresses both new and existing sources with EGUs. Those EGUs that

satisfy specified eligibility requirements can demonstrate compliance with control requirements

for mercury emissions via the TTBS provisions for a specified, and limited, time frame.

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.

Board Actions

December 7, 2006

Via Videoconference

Springfield and Chicago, Illinois

Rulemakings

R06-10

In the Matter of: Proposed Amendments to Tiered Approach to Corrective

Action Objectives (35 Ill. Adm. Code 742) – The Board adopted a second notice

proposal to amend the Board’s land pollution control regulations.

4-0

R, Land

R06-24

In the Matter of: Revisions to Water Quality Standards for Total Dissolved

Solids in the Lower Des Plaines River for ExxonMobil Oil Corporation:

Proposed 35 Ill. Adm. Code 303.445 – The Board adopted a second notice

proposal to amend the Board’s water pollution control regulations.

4-0

R, Water

Adjusted Standards

AS 07-2

In the Matter of: Proposed Extension of Adjusted Standard Applicable to

Illinois-American Water Company’s Alton Public Water Supply Facility

Discharge to the Mississippi River – The Board found that petitioner satisfied

jurisdictional requirement of providing notice of its petition for an adjusted

standard; granted the motion to incorporate by reference both the petition for

adjusted standard and site-specific impact study filed in

Petition of Illinois-

American, AS 99-6.

4-0

PWS

Administrative Citations

AC 05-40

IEPA v. Northern Illinois Service Company – Due to the delay of seven weeks

between service of the Illinois Environmental Protection Agency’s statement of

hearing costs and its arrival in the Board’s office, the Board on its own motion

reconsiders its final opinion and order of November 16, 2006, and vacates that

order. The Board allows the respondent 21 days, or until Friday, December 22,

2006, to file a response limited to the issue of the IEPA’s claimed costs. The

IEPA then has 14 days after service of the response to file any reply. When that

reply period has elapsed, the Board will issue a final opinion and order restating

a finding of violations and assessing the civil penalty and appropriate hearing

costs.

4-0

5

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Environmental Register – December 2006

AC 05-70

IEPA v. James Stutsman – Due to the delay of seven weeks between service of

the Illinois Environmental Protection Agency’s statement of hearing costs and its

arrival in the Board’s office, the Board on its own motion reconsiders its final

opinion and order of November 16, 2006, and vacates that order. The Board

allows the respondent 21 days, or until Friday, December 22, 2006, to file a

response limited to the issue of the IEPA’s claimed costs. The IEPA then has 14

days after service of the response to file any reply. When that reply period has

elapsed, the Board will issue a final opinion and order restating a finding of

violations and assessing the civil penalty and appropriate hearing costs.

4-0

AC 06-53

County of Ogle v. George C. Heal – The Board granted complainant’s motion to

dismiss.

4-0

AC 07-21

County of Macon v. Tim Walker – The Board directed complainant to file, on or

before January 4, 2007, the proof of service of the administrative citation on

respondent. The Board also directed respondent to file, on or before January 4,

2007, an amended petition stating the date on which he received service of the

administrative citation from the County and stating the reasons for appeal as

required by 35 Ill. Adm. Code 108.206.

4-0

AC 07-22

County of Sangamon v. Jack Caldwell – In response to a joint stipulation and

settlement agreement in this administrative citation action involving a Sangamon

County facility, the Board found that respondent had violated Sections 21(p)(1)

and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7)

(2004)) and ordered respondent to pay a civil penalty of $3,000. The Board also

granted the parties’ joint motion to dismiss the alleged violation of 415 ILCS

5/21(p)(3) (2004).

4-0

AC 07-23

IEPA v. Curtis Jim Hammond – The Board found that this Fulton County

respondents violated Section (p)(1), (p)(3), and (p)(7) of the Act (415 ILCS

5/21(p)(1), (p)(3), and (p)(7) (2004)), and ordered respondent to pay a civil

penalty of $4,500.

4-0

Decisions

PCB 06-104

People of the State of Illinois v. Moore Painting and Illinois-American Water

Company – In this air, land and water enforcement action concerning a Madison

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 respondents to

pay a total civil penalty of $26,000, and to cease and desist from further

violations.

4-0

A,L,&W

6

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Environmental Register – December 2006

Motions and Other Matters

PCB 96-98

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

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

Co., Inc., and Richard J. Frederick individually and as owner and Vice President

of Skokie Valley Asphalt Co., Inc. – The Board denied respondents’

November 15, 2006 motion for sanctions.

4-0

W-E

PCB 97-179

People of the State of Illinois v. Midwest Grain Products of Illinois, Inc. – Upon

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

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

involving a Tazwell County facility, the Board ordered publication of the

required newspaper notice.

4-0

A-E

PCB 04-213

The Village of Lombard, Illinois v. Bill’s Auto Center, Bill’s Standard Service,

and William Kovar – The Board granted complainant’s motion to stay this matter

for 210 days through and including June 27, 2007.

4-0

Citizens

UST Cost

Recovery- E

PCB 06-150

People of the State of Illinois v. Stoecker Farms, Inc. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

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

Macoupin County facility, the Board ordered publication of the required

newspaper notice.

4-0

W-E

PCB 06-184

Peoria Disposal Company v. Peoria County Board – The Board denied

petitioner’s motion for partial summary judgment and granted the Opposition

Groups’ motion for leave to file an

amicus curiae

brief in this proceeding.

4-0

P-C-F-S-R

PCB 07-1

People of the State of Illinois v. Kurt Carlson – 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

Winnnebago County facility, the Board ordered publication of the required

newspaper notice.

4-0

W-E

PCB 07-17

Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market – The Board

granted respondent’s motion for leave to file a motion to dismiss. Respondent is

directed to file his motion to dismiss by Monday, January 8, 2007, which is the

first business day after the 30th day from the date of this order. Because service

of the complaint did not fully comply with the Board’s procedural rules, the

Board will accept as timely a motion to dismiss filed by January 8, 2007.

Because the deadline for filing an answer is stayed by operation of the Board’s

procedural rules, the Board denied as unnecessary respondent’s motion to extend

the time to respond to the complaint. Also, because the Board does not have

before it a motion for default and does not address the issue of default in this

order, respondent’s motion to vacate any possible default is denied as moot.

Finally, the Board reserved ruling on whether the complaint is frivolous or

4-0

Citizens

A&N – E

7

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Environmental Register – December 2006

duplicative and whether to accept the complaint for hearing.

PCB 07-36

Noveon, Inc. v. IEPA – The Board granted this request for a 90-day extension of

time to file a permit appeal on behalf of this Cook County facility.

4-0

P-A, Air

90-Day

Ext.

PCB 07-37

People of the State of Illinois v. Village of Dorchester – The Board accepted for

hearing this public water supply enforcement action involving a site located in

Macoupin County.

4-0

PWS-E

PCB 07-38

City of Joliet v. IEPA – The Board granted this request for a 90-day extension of

time to file a permit appeal on behalf of this Will County facility.

4-0

P-A, Water

90-Day

Ext.

PCB 07-39

City of Geneva v. IEPA - The Board granted this request for a 90-day extension

of time to file a permit appeal on behalf of this Kane County facility.

4-0

P-A, Water

PCB 07-40

People of the State of Illinois v. Village of Browning – The Board accepted for

hearing this public water supply enforcement action involving a site located in

Schuyler County.

4-0

PWS-E

PCB 07-41

People of the State of Illinois v. Village of Nebo – The Board accepted for

hearing this public water supply enforcement action involving a site located in

Pike County.

4-0

PWS-E

PCB 07-42

People of the State of Illinois v. Environmental Reclamation Company – The

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

in Coles County.

4-0

L-E

PCB 07-43

Kibler Development Corporation and Marion Ridge Landfill, Inc. v. IEPA – The

Board accepted for hearing this permit appeal involving a Williamson County

facility.

4-0

P-A, Land

8

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Environmental Register – December 2006

December 21, 2006

Chicago, Illinois

Rulemakings

R06-25

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

from Large Combustion Sources (Mercury) – The Board adopted a final opinion

and order in this rulemaking which amends the Board’s air pollution control

regulations. The final adopted rules require compliance beginning July 1, 2009

with a mercury emission standard of 0.00801lb/gwh or a 90% reduction from

input mercury. The rule also includes two alternate compliance mechanisms: a

temporary technology-based standard and a multi-pollutant control system.

4-0

R, Air

R07-2

R07-11

(cons.)

In the Matter of: SDWA Update, USEPA Amendments (January 1, 2006

through June 30, 2006); In the Matter of: SDWA Update, USEPA Amendments

(July 1, 2006 through December 31, 2006) – The Board consolidated these two

dockets containing related amendments and extended the deadline for

completion of rulemaking the consolidated docket from January 4, 2007 to April

30, 2007.

4-0

R, PWS

Administrative Citations

AC 06-50

IEPA v. Mark Gates – The Board grants respondent Gates’ motion for

reconsideration. Gates must amend his original petition for review as directed on

or before January 22, 2007.

4-0

AC 06-56

IEPA v. Lake Wildwind Park, L.L.C. – In response to a joint stipulation and

settlement agreement in this administrative citation action involving a Woodford

County facility, the Board found that respondent had violated Section 21(p)(3) of

the Environmental Protection Act (415 ILCS 5/21(p)(3) (2004)) and ordered

respondent to pay a civil penalty of $1,500. The Board also granted the parties’

joint motion to dismiss respondent’s petition for review and the alleged violation

of 415 ILCS 5/21(p) (1) (2004).

4-0

AC 07-2

IEPA v. Norbert and Wilma Adams – In response to a joint stipulation and

settlement agreement in this administrative citation action involving a Woodford

County facility, the Board found that respondents had violated Section 21(p)(1)

of the Environmental Protection Act (415 ILCS 5/21(p)(1) (2004)) and ordered

respondents to pay a civil penalty of $1,500. The Board also granted the parties’

joint motion to dismiss respondents’ petition for review and the alleged violation

of 415 ILCS 5/21(p) (7) (2004).

4-0

AC 07-15

IEPA v. Glenn and Brenda York – The Board found that these Morgan County

respondents violated Section 21(p)(1) of the Environmental Protection Act (415

ILCS 5/21(p)(1) (2004)), and ordered respondents to pay a civil penalty of

$1,500.

4-0

9

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Environmental Register – December 2006

AC 07-18

County of Ogle v. Donald and Linda Ebersole and Nathan Mattison – The Board

granted complainant’s motion for withdrawal of this administrative citation and

closed the docket.

4-0

AC 07-19

County of Ogle v. Michael Johnson – The Board granted complainant’s motion

for withdrawal of this administrative citation and closed the docket.

4-0

AC 07-20

County of Macon v. Phillip Pugsley – The Board granted complainant’s motion

for withdrawal of this administrative citation and closed the docket.

4-0

Decisions

PCB 06-43

Sangamon Valley Farm Supply v. IEPA and Village of Saybrook, Illinois – The

Board granted, Sangamon Valley Farm Supply a water well setback exception

from Section 14.2 of the Environmental Protection Act (415 ILCS 5/14.2(c), (d)

(2004)), subject to conditions. The exception allows petitioner to remediate on-

site pollution by enhanced natural attenuation utilizing the direct push

technology to inject oxygen release compound at the property located at the

corner of Lincoln and Main Streets in the Village of Saybrook, McLean County.

4-0

WWS

Motions and Other Matters

PCB 04-31

PCB 05-43

(cons.)

Broadus Oil v. IEPA – The Board granted respondent’s motion for summary

judgment and denied the petitioner’s motion for summary judgment.

3-1

Johnson

dissented

UST Appeal

PCB 05-157

Grand Pier Center L.L.C. and American International Specialty Lines Insurance

Co. as subrogee of Grand Pier Center L.L.C. v. River East L.L.C, Chicago Dock

and Canal Trust, Chicago Dock and Canal Company, and Kerr-McGee Chemical

L.L.C. – Reserving ruling on complainant’s motion for default judgment, the

Board granted additional time to respondents River East and Chicago Trust until

January 22, 2007, to either contact the hearing officer or enter an appearance in

this proceeding. The Board will then take appropriate action.

4-0

Citizens

L-E

PCB 06-184

Peoria Disposal Company v. Peoria County Board – The Board granted

respondent’s motion for leave to supplement the record and incorporates the

Supplemental Staff Report and Findings Page into the record. The Board orders

respondent to file a clean copy of the April 6, 2006 Peoria County Staff

Proposed Findings, or an explanation of why the Board should accept the version

including handwritten notes, by January 5, 2007. For purposes of administrative

efficiency and accurate reference at hearing, the Board also orders respondent to

file an amended index reflecting any changes in pagination.

4-0

P-C-F-S-R

10

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Environmental Register – December 2006

PCB 07-12

Fedex Ground Package System, Inc. v. IEPA – The Board denied petitioner’s

motion to consolidate this case with PCB 04-31 and PCB 05-43 (cons). The

Board then granted the parties’ motions to supplement the administrative record.

The Board granted the Illinois Environmental Protection Agency’s (IEPA)

motion for summary judgment and denied Fedex’s cross-motion for summary

judgment The Board found that the IEPA properly rejected an amended budget

under 35 Ill. Adm. Code 734.335 of the Board’s regulations.

3-1

Johnson

dissented

UST Appeal

PCB 07-45

People of the State of Illinois v. General Waste Services, Inc. – The Board

accepted for hearing this air enforcement action involving a site located in St.

Clair County.

4-0

A-E

PCB 07-46

People of the State of Illinois v. D&L Disposal, L.L.C. – The Board accepted for

hearing this land enforcement action involving a site located in Bond County.

4-0

L-E

PCB 07-47

People of the State of Illinois v. City of Pekin – The Board accepted for hearing

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

4-0-

W-E

PCB 07-48

Village of Wilmette v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Cook County facility.

4-0

UST Appeal

New Cases

December 7, 2006 Board Meeting

07-036

Noveon, Inc. v. IEPA – The Board granted this request for a 90-day extension of time to

file a permit appeal on behalf of this Cook County facility.

07-037

People of the State of Illinois v. Village of Dorchester – The Board accepted for hearing

this public water supply enforcement action involving a site located in Macoupin County.

07-038

City of Joliet v. IEPA – The Board granted this request for a 90-day extension of time to

file a permit appeal on behalf of this Will County facility.

07-039

City of Geneva v. IEPA – The Board granted this request for a 90-day extension of time to

file a permit appeal on behalf of this Kane County facility.

07-040

People of the State of Illinois v. Village of Browning – The Board accepted for hearing

this public water supply enforcement action involving a site located in Schuyler County.

07-041

People of the State of Illinois v. Village of Nebo – The Board accepted for hearing this

public water supply enforcement action involving a site located in Pike County.

07-042

People of the State of Illinois v. Environmental Reclamation Company – The Board

accepted for hearing this land enforcement action involving a site located in Coles County.

07-043

Kibler Development Corporation and Marion Ridge Landfill, Inc. v. IEPA – The Board

accepted for hearing this permit appeal involving a Williamson County facility.

11

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Environmental Register – December 2006

07-044

Indian Creek Development Company individually as beneficiary under Trust 3291 of the

Chicago Title and Trust Company dated December 15, 1981 and the Chicago Title and Trust

Company, as trustee under trust 3291 dated December 15, 1981 v. The Burlington Northern Santa

Fe Railway Company, a Delaware company – The Board held for a later duplicative/frivolous

determination this citizens’ land and water enforcement action involving a Kane County facility.

AC 07-025

City of Chicago Department of Environment v. 1601-1759 East 130th Street, L.L.C. –

The Board accepted an administrative citation against this Cook County respondent.

AC 07-026

IEPA v. Leonard Hostetler – The Board accepted an administrative citation against

this Macon County respondent.

AC 07-027

IEPA v. Paul Sahlstrom – The Board accepted an administrative citation against this

Winnebago County respondent.

December 21, 2006 Board Meeting

07-045

People of the State of Illinois v. General Waste Services, Inc. – The Board accepted for

hearing this air enforcement action involving a site located in St. Clair County.

07-046

People of the State of Illinois v. D&L Disposal, L.L.C. – The Board accepted for hearing

this land enforcement action involving a site located in Bond County.

07-047

People of the State of Illinois v. City of Pekin – The Board accepted for hearing this water

enforcement action involving a site located in Tazewell County.

07-048

Village of Wilmette v. IEPA – The Board accepted for hearing this underground storage

tank appeal involving a Cook County facility.

AC 07-028

IEPA v. Charles Norman Bartlett – The Board accepted an administrative citation

against this Calhoun County respondent.

R07-010

In the Matter of: Definition of VOM Update, USEPA Amendments (July 1, 2006

through December 31, 2006) – The Board reserved this docket for a routine update to make the

Board rules “identical in substance” to United States Environmental Protection Agency rules

adopted during the update period. The update period is July 1, 2006 through December 31, 2006.

R07-011

In the Matter of: SDWA Update, USEPA Amendments (July 1, 2006 through December

31, 2006) – The Board consolidated this docket with R07-2, which contain related amendments

and extended the deadline for completion of rulemaking the consolidated docket from January 4,

2007 to April 30, 2007.

R07-012

In the Matter of: UIC Update, USEPA Amendments (July 1, 2006 through December

31, 2006) – The Board reserved this docket for a routine update to make the Board rules “identical

in substance” to United States Environmental Protection Agency rules adopted during the update

period. The update period is July 1, 2006 through December 31, 2006.

R07-013

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

Amendments (July 1, 2006 through December 31, 2006) – The Board reserved this docket for a

routine update to make the Board rules “identical in substance” to United States Environmental

Protection Agency rules adopted during the update period. The update period is July 1, 2006

through December 31, 2006.

R07-014

In the Matter of: RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments

(July 1, 2006 through December 31, 2006) – The Board reserved this docket for a routine update

to make the Board rules “identical in substance” to United States Environmental Protection

Agency rules adopted during the update period. The update period is July 1, 2006 through

December 31, 2006.

12

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Environmental Register – December 2006

R07-015

In the Matter of: UST Update, USEPA Amendments (July 1, 2006 through December

31, 2006) – The Board reserved this docket for a routine update to make the Board rules “identical

in substance” to United States Environmental Protection Agency rules adopted during the update

period. The update period is July 1, 2006 through December 31, 2006.

R07-016

In the Matter of Wastewater Pretreatment Update, USEPA Amendments (July 1, 2006

through December 31, 2006) – The Board reserved this docket for a routine update to make the

Board rules “identical in substance” to United States Environmental Protection Agency rules

adopted during the update period. The update period is July 1, 2006 through December 31, 2006.

Provisional Variances

IEPA 07-9

Exelon Generation Company, L.L.C. (Dresden Nuclear Generation Station) v.

IEPA

– On November 6, 2006, the Illinois Environmental Protection Agency granted Exelon

Generation Company, L.L.C.’s request for a provisional variance from Special Condition 4A, 4D,

and 4G of NPDES Permit IL0002224 for its Dresden Nuclear Generation Station facility located

at the confluence of the Des Plaines and Kankakee Rivers near Morris. Exelon sought the

variance for a six-day period beginning November 17, 2006 through November 22, 2006, in order

to repair a Lift Station Automatic Bus Transfer switch that was damaged by a lighting strike on

July 27, 2006. Exelon submitted a provisional variance request on October 10, 2006, requesting

the same relief for a six-day period beginning November 7, 2006 through November 12, 2006,

which the IEPA granted on October 23, 2006. Since that time, however, Unit 2 has developed an

issue internal to its condenser, and performing the lift station repairs between November 7, 2006

and November 12, 2006, would impose additional operating loads on Unit 2 equipment. This

provisional variance supersedes the October 23, 2006 provisional variance.

IEPA 07-10

Village of Algonquin v. IEPA

– On December 14, 2006, the Illinois Environmental

Protection Agency granted the Village of Algonquin’s request for a 45-day provisional variance,

with conditions, from limits for ammonia nitrogen of its NPDES Permit IL0023329. The village

experienced a failure of a component of the anaerobic sludge digester #2. The village is requested

this provisional variance to dewater the sludge digester to make the necessary repairs. The

provisional variance began December 14, 2006, and ends no later than January 26, 2006.

IEPA 07-11

Toyal America, Inc. v. IEPA

– In December 2006, the Illinois Environmental

Protection Agency granted the Toyal America, Inc. manufacturing facility in Will County a

provisional variance from compliance with Section 9(a) of the Environmental Protection Act and

the Pollution Control Board’s air pollution regulations for both control requirements governing

“other emission units” found at 35 Ill. Adm. Code 218.986 and the use of organic materials found

at 35 Ill. Adm. Code 218.301, and numerous permitting conditions from both the construction

permit and the FESOP. Toyal America requested the provisional variance to make repairs to its

aluminum paste, flake and powder manufacturing facility following a December 8, 2006 fire. The

relief is granted until January 31, 2007.

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.

13

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Environmental Register – December 2006

Calendar

1/4/07

11:00 AM

Illinois Pollution Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph Street

Chicago

And

1021 N. Grand Avenue East

Oliver Holmes Conference

Room 2012 N

Springfield

1/8/07

9:00 AM

PCB 06-

184

Peoria Disposal Company v. Peoria

County Board

(to be continued day-to-day until

business is completed or until

January 11, 2007)

Itoo Society

4909 W. Farmington Road

Peoria

1/26/07

11:00 AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph Street

Chicago

1/29/07

11:00 AM

R07-08

In the Matter of: Proposed

Amendments to Solid Waste Landfill

Rules, 35 Ill. Adm. Code 810 and

811

Michael A. Bilandic Building

Room N-505

160 N. LaSalle Street

Chicago

1/30/07

9:30 AM

R07-08

In the Matter of: Proposed

Amendments to Solid Waste Landfill

Rules, 35 Ill. Adm. Code 810 and

811

Michael A. Bilandic Building

Room N-505

160 N. LaSalle Street

Chicago

2/1/07

11:00 AM

Illinois Pollution Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph Street

Chicago

And

1021 N. Grand Avenue East

Oliver Holmes Conference

Room 2012 N

Springfield

2/15/07

11:00 AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

Room 9-040

100 W. Randolph Street

Chicago

2/28/07

1:00 PM

R07-08

In the Matter of: Proposed

Amendments to Solid Waste Landfill

Rules, 35 Ill. Adm. Code 810 and

811

Pollution Control Board

Conference Room

1021 N. Grand Avenue East

(North Entrance, IEPA

Building)

Springfield

14

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Environmental Register – December 2006

3/1/07

9:00 AM

R07-08

In the Matter of: Proposed

Amendments to Solid Waste Landfill

Rules, 35 Ill. Adm. Code 810 and

811

Pollution Control Board

Conference Room

1021 N. Grand Avenue East

(North Entrance, IEPA

Building)

Springfield

3/1/07

11:00 AM

Illinois Pollution Control Board Meeting

Illinois Pollution Control

Board

Hearing Room

1021 North Grand Avenue

East

North Entrance

Springfield

03/07/07

10:30 AM

R07-9

In the Matter of: Triennial Review

of Sulfate and Total Dissolved Solids

Water Quality Standards: Proposed

Amendments to 35 Ill. Adm. Code

302.102(b)(6), 302.102(b)(8),

302.102(b)(10), 302.208(g),

309.103(c)(3), 405.109(b)(2)(A),

409.109(b)(2)(B), 406.100(d);

Repealer of 35 Ill. Adm. Code

406.203 and Part 407; and Proposed

New 35 Ill. Adm. Code 302.208(h)

IEPA Office Building

Training Room 1214 West

1021 N. Grande Avenue East

(North Entrance)

Springfield

3/15/07

11:00 AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

Room 9-040

100 W. Randolph Street

Chicago

4/5/07

11:00 AM

Illinois Pollution Control Board Meeting

Videoconference

Chicago/Springfield

James R. Thompson Center

Hearing Room 11-512

100 W. Randolph Street

Chicago

And

1021 N. Grand Avenue East

Oliver Holmes Conference

Room 2012 N

Springfield

4/19/07

11:00 AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

Room 9-040

100 W. Randolph Street

Chicago

15

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Environmental Register – December 2006

04/23/07

10:00 AM

R07-9

In the Matter of: Triennial Review

of Sulfate and Total Dissolved Solids

Water Quality Standards: Proposed

Amendments to 35 Ill. Adm. Code

302.102(b)(6), 302.102(b)(8),

302.102(b)(10), 302.208(g),

309.103(c)(3), 405.109(b)(2)(A),

409.109(b)(2)(B), 406.100(d);

Repealer of 35 Ill. Adm. Code

406.203 and Part 407; and Proposed

New 35 Ill. Adm. Code 302.208(h)

James R. Thompson Center

Room 9-031

100 W. Randolph

Chicago

5/3/07

11:00 AM

Illinois Pollution Control Board Meeting

Illinois Pollution Control

Board

Hearing Room

1021 North Grand Avenue

East

North Entrance

Springfield

5/16/07

9:00 AM

AC 06-16

IEPA v. Rex D. Evans and Roy W.

Evans, Jr. (Road Dist. No.

10/Evans)(IEPA File No. 442-05-

AC)(Consolidated: AC 06-16 and

AC 06-17

Municipal Building

2

nd

Floor Commission Room

200 W. Douglas

Jacksonville

5/16/07

9:00 AM

AC 06-17

IEPA v. Rex D. Evans and Roy W.

Evans, Jr. (Road Dist. No.

11/Evans)(IEPA File No. 443-05-

AC)(Consolidated: AC 06-16 and

AC 06-17

Municipal Building

2

nd

Floor Commission Room

200 W. Douglas

Jacksonville

5/17/07

11:00 AM

Illinois Pollution Control Board Meeting

James R. Thompson Center

Room 9-040

100 W. Randolph Street

Chicago

16

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

Environmental Register Comment Card

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

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The

Environmental Register

is published monthly by the Board, and

contains

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

calendar, and other environmental law information.

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

Illinois Pollution Control Board

Environmental Register Coordinator

1021 N. Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274