G. Tanner Girard, Acting Chairman
Board Members:
Thomas E. Johnson, Nicholas J. Melas, Andrea S. Moore
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-3620
(312) 814-6032 TDD
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
(217) 524-8500
Web Site: http://www.ipcb.state.il.us
Letter from the Chairman
In September, the Board acted on rulemakings in two different media (water and
air) that generated significant public interest. I will briefly summarize those two
rulemakings below. Additional information about these proceedings and the
Board’s other cases is available on our website (www.ipcb.state.il.us).
On September 20, 2007, the Board adopted for first-notice publication a proposal in
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) R07-9. The proposal updates existing general
use water quality standards for sulfate and total dissolved solids (TDS). The current
standards for these two constituents were originally established by the Board in
1972. The Illinois Environmental Protection Agency (IEPA) proposed to update the
standards based on a multi-year project researching sulfate toxicity to aquatic life
and livestock conducted by IEPA personnel and scientists at the Illinois Natural History Survey (INHS).
The proposal adopts a sulfate standard for general use waters that varies from 500 mg/L to 2,500 mg/L, depending
on the associated chloride and hardness levels measured in the water. The sulfate standard in waters used for
livestock watering has a maximum value of 2,000 mg/L. Dr. David Soucek of the INHS developed the equations
proposed in the rule to determine the sulfate standard. The TDS water quality standard for general use waters is
eliminated in the proposal. The proposal also amends the mixing zone regulations to allow mixing in certain small
streams when adequate dilution is available. The Board also includes language reflecting the IEPA’s policy of
allowing mixing in up to 50% of the stream flow when there is less than a 3:1 dilution ratio. Finally, the proposal
deletes the provisions addressing separate sulfate and chloride water quality standards for discharges from mining
operations. Such discharges will be subject to the general use water quality standards under the proposed
regulations.
On September 20, 2007, the Board adopted for final notice the proposal docketed as In the Matter of: Fast-Track
Rules Under Nitrogen Oxide (NO
x
) SIP Call Phase II: Amendments to 35 Ill. Adm. Code Section 201.146 and Parts
211 and 217, R07-18. The proposal establishes regulations for the control of nitrogen oxides (NO
x
) emissions from
stationary internal combustion engines affected by the NO
x
State Implementation Plan (SIP) Call Phase II. The
proposal adds a new Subpart Q to Part 217 of the Board’s air regulations. The existing units subject to this
rulemaking are specifically listed in Appendix G of Section 217. The list of affected units can be found on pp. 43-
44 of the Board’s first notice opinion.
The IEPA originally filed the proposed rules under the “fast-track” procedures of Section 28.5 of the Environmental
Protection Act. On May 17, 2007, the Board found that Section 28.5 did not apply to IEPA’s entire proposal, and
the Board divided the proposal by continuing to consider only the portion applicable to engines affected by the NO
x
SIP Call Phase II under fast-track procedures in the R07-18 docket. The remainder of the IEPA’s original proposal
is contained in docket R07-19 and is proceeding under the Board’s general rulemaking authority.
Full text of these Board opinions can be found at the Board’s website (www.ipcb.state.il.us).
Sincerely,
Dr. G. Tanner Girard
Environmental Register – September 2007
1
Inside This Issue:
FEDERAL UPDATE
P. 1
R
ULE UPDATE
P. 2
B
OARD ACTIONS
P. 7
N
EW CASES
P. 12
P
ROVISIONAL VARIANCES
P. 13
B
OARD CALENDAR
P. 14
Back to top
Federal Update
United States Environmental Protection Agency Proposes Amendments to the National
Emission Standards for Hazardous Air Pollutants (NESHAP) for the Iron and Steel
Foundries Area Sources
On September 17, 2007 (72 Fed. Reg. 52983), the United States Environmental Protection
Agency (USEPA) proposed amendments to the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for iron and steel foundries area sources.
The proposed rule establishes different requirements for foundries based on size. Small iron and
steel foundries would be required to comply with pollution prevention management practices for
metallic scrap, the removal of mercury switches, and binder formulations. Large iron and steel
foundries would be required to comply with the same pollution prevention management practices
as small foundries in addition to emissions limitations for melting furnaces and foundry
operations.
USEPA is also co-proposing two alternatives. One alternative would set a higher size threshold
for large foundries. The second alternative proposes that all iron and steel foundries comply with
the pollution prevention management practices for metallic scrap, the removal of mercury
switches, and binder formulations. USEPA stated that the proposed standards reflect the generally
achievable control technology and/or management practices for each subcategory.
Comments must be received on or before October 17, 2007, unless a public hearing is requested
by September 27, 2007. If a hearing is requested on this proposed rule, written comments must be
received by November 1, 2007. Under the Paperwork Reduction Act, comments on the
information collection provisions must be received by OMB on or before October 17, 2007.
Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2006-0359, by one of the
following methods:
1) Online at www.regulations.gov: Follow the on-line instructions for submitting
comments.
2) E-mail: a-and-r-Docket@epa.gov
.
3) Fax: (202) 566-9744.
4) Mail: Area Source NESHAP for Iron and Steel Foundries Docket, Environmental
Protection Agency, Air and Radiation Docket and Information Center, Mailcode: 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two
copies. In addition, please mail a copy of your comments on the information collection
provisions to the Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC
20503.
Environmental Register – September 2007
2
For further information contact Mr. Conrad Chin, Sector Policies and Programs Division, Office
of Air Quality Planning and Standards (D243-02), Environmental Protection Agency, Research
Triangle Park, North Carolina 27711, telephone number: (919) 541-1512; fax number: (919) 541-
3207; e-mail address: chin.conrad@epa.gov
.
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2006)),
once adopted by the USEPA, NESHAP rules are applicable and enforceable under the Act
without further action by the Board.
Rule Update
Board Dismisses 4 Identical in Substance Rulemaking Dockets As Unnecessary: UIC
Update, USEPA Amendments (January 1, 2007 through June 30, 2007), R08-1; RCRA
Subtitle D (Municipal Solid Waste Landfill) Update, USEPA Amendments (January 1, 2007
through June 30, 200), R08-2; RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (January 1, 2007 through June 30, 200), R08-3; UST Update, USEPA
Regulations (January 1, 2006 through June 30, 2006), R08-4;
Every six months the Board reserves a series of dockets, for adoption of Board rules, to
accommodate any rules adopted by the United States Environmental Protection Agency (USEPA)
to implement various programs. On September 6, 2007, the Board dismissed as unnecessary four
dockets reserved to consider rules adopted by USEPA during the period January 1, 2007 through
June 30, 2007. In each of the four program areas described below, USEPA adopted no rules
during the update period.
UIC Update (R08-1).
Section 13(c) of the Environmental Protection Act (Act) (415 ILCS
5/13(c) (2006)) requires the Board to adopt regulations that are “identical in substance” to
regulations of the United States Environmental Protection Agency (USEPA). 415 ILCS 5/7.2
(2006). Specifically, Section 13(c) relates to underground injection control (UIC) regulations that
USEPA adopted to implement provisions of the Safe Drinking Water Act (42 U.S.C. §§ 300h
et
seq
. (2003)). USEPA has codified its UIC regulations at 40 C.F.R. 144 through 148
RCRA Subtitle D (Municipal Solid Waste Landfill) (R08-2).
Section 22.40(a) of the
Environmental Protection Act (Act) (415 ILCS 5/22.40(a) (2006)) requires the Board to adopt
regulations that are “identical in substance” to regulations of the United States Environmental
Protection Agency (USEPA). 415 ILCS 5/7.2 (2006). Specifically, Section 22.40(a) relates to
municipal solid waste landfill (MSWLF) regulations that USEPA adopted to implement Subtitle D
of the Resource Conservation and Recovery Act of 1976 (42 U.S.C §§ 6941-6949 (2003); RCRA
Subtitle D). USEPA has codified the federal MSWLF rules as 40 C.F.R. 258.
RCRA Subtitle C (Hazardous Waste) (R08-3).
Sections 7.2 and 22.4(a) of the Environmental
Protection Act (Act) (415 ILCS 5/7.2 and 22.4(a) (2006)) require the Board to adopt regulations
that are “identical in substance” to hazardous waste regulations adopted by the United States
Environmental Protection Agency (USEPA). These USEPA rules implement Subtitle C of the
federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921
et seq
. (2005)). USEPA has codified the federal hazardous waste rules as 40 C.F.R. 260 through
266, 268, 270, 271, 273, and 279.
UST Program (R08-4)
. Section 22.4(d) of the Environmental Protection Act (Act) (415 ILCS
5/22.4(d) (2006)) requires the Board to adopt regulations which are “identical in substance,” as
defined at Section 7.2 of the Act (415 ILCS 5/7.2 (2006)), to underground storage tank (UST)
regulations promulgated by the USEPA pursuant to Section 9003 of the federal Resource
Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. § 6991b (2003), to
implement Subtitle I of RCRA (42 U.S.C. §§ 6991
et seq
. (2003)), with certain limitations.
USEPA has codified its UST regulations at 40 C.F.R. 281 through 283.
Environmental Register – September 2007
3
Copies of the Board’s dismissal orders may be obtained by calling the Clerk’s office at 312-814-
3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Mike McCambridge at 312/814-6924; e-mail address:
mccambm@ipcb.state.il.us.
Board Adopts Final Opinion and Order in Fast-Track Rules Under Nitrogen Oxide (NOx)
SIP Call Phase II: Amendments to 35 Ill. Adm. Code Section 201.146, Parts 211 and 217
(R07-18)
On September 20, 2007, the Board timely adopted a final opinion and order in Fast-Track Rules
Under Nitrogen Oxide (NOx) SIP Call Phase II: Amendments to 35 Ill. Adm. Code Section
201.146, Parts 211 and 217 (R07-18). The Joint Committee on Administrative Rules (JCAR)
considered the amendments at its September 18, 2007 meeting and the Board received a copy of
JCAR’s Certification of No Objection on September 19, 2008. The final amendments were filed
with the Secretary of State’s Index department with a September 25, 2007 effective date.
The rulemaking was initiated by an April 4, 2007 proposal by the Illinois Environmental
Protection Agency (IEPA), under the fast-track rulemaking provisions of Section 28.5 of the
Illinois Environmental Protection Act (Act), 415 ILCS 5/1
et seq
. The procedural history of this
proceeding has previously been reported here in detail, and will not be repeated here.
See
,
Environmental Register
, No. 638 (August 2007) at 1.
The adopted rules are intended to reduce interstate and intrastate transport of nitrogen oxides
(NOx) emissions on both ozone season and annual bases by reducing NOx emissions from
stationary reciprocating internal combustion engines addressed in the NOx State Implementation
Plan (SIP) Call Phase II.
See
69 Fed. Reg. 21603 (April 21, 2004). To achieve that end, the Board
adopted amendments to Part 211 and 217. The amendments to Part 217 add a new Subpart Q and
Appendix G that address the control of NO
x
emissions from stationary reciprocating internal
combustion engines, including a number of compliance, reporting, and recordkeeping
requirements. The adopted amendments contain updates to measurement methods and to the
materials that are incorporated by reference in Part 217. The applicability section clarifies that the
requirements of Subpart Q are applicable to the engines that are listed in Appendix G. The
amendments contain specific requirements regarding testing and monitoring that address both
initial performance and ongoing testing requirements.
The control and maintenance requirements of Subpart Q include limits on the discharge of NO
x
and offer compliance options to owners and operators through emissions averaging plans (as an
alternative to the use of concentration limits). The final amendments include standards and
requirements for the emissions averaging plans that include a requirement that units must be
located in Illinois and be owned by the same parent company. Additionally, units can only be
used in one emissions averaging plan. Further requirements for emissions averaging plans include
requiring demonstrations of compliance with the ozone season and calendar year standards,
formulas for demonstrating this compliance, and equations to determine the affected units’ actual
NO
x
emissions for the type of fuel that the unit uses. Units included in an emissions averaging
plan must undergo testing once every five years.
The amendments also adopt conditions for units that use continuous emissions monitoring systems
(CEMS) in lieu of stack testing and portable monitoring. Units that are equipped with CEMS that
meet specific federal requirements or that are following alternative procedures that have been
approved by the IEPA or the USEPA in a federally enforceable permit are allowed alternative
testing and monitoring requirements.
Copies of the Board’s opinion and order in R07-18 may be obtained by calling the Clerk’s office
at 312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Tim Fox at 312-814-6885; e-mail address foxt@ipcb.state.il.us.
Environmental Register – September 2007
4
Board Adopts First Notice Opinion and Order in 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, 406.209, and Part 407;
and Proposed New 35 Ill. Adm. Code 302.208(h) (R07-9)
On September 20, 2007, the Board adopted a first notice opinion and order in 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,
406.209, and Part 407; and Proposed New 35 Ill. Adm. Code 302.208(h) (R07-9). This
rulemaking, based on the October 23, 2006 proposal by the Illinois Environmental Protection
Agency (IEPA), would amend the Board’s water quality standards (WQS) in Parts 302, 309, 405,
406, and the repeal of Part 407. The first notice proposal was filed with the Secretary of State’s
Index Department and is scheduled for publication in the
Illinois Register
on October 5, 2007.
Based on the scheduled publication date, the Board will accept written public comments for a 45-
day period ending November 19, 2007.
This rulemaking is intended to fulfill the requirement of the Federal Water Pollution Control Act,
33 USC §1251-1387, also known as the Clean Water Act (CWA). Every three years, the CWA
requires states to revise and update WQS to ensure that they are protective of public health and
welfare, enhance the quality of water and promote the purposes of the CWA. This update process
is known as the “triennial review”.
The first notice proposal is designed to refine the numeric WQS for sulfate based on the best
available current scientific knowledge. The Board’s WQS include standards for sulfate and total
dissolved solids (TDS) that were adopted in 1972 to protect aquatic life and agricultural uses
without scientific studies to determine appropriate values.
See
Water Quality Standards
Revisions, R71-14 (Mar. 7, 1972). The adopted sulfate water quality standard presented issues for
coal mines because the effluents from coal mines are often high in sulfate. To address these
issues, the Board adopted standards for sulfate and chloride for mine discharges.
In this R07-9 rulemaking, the IEPA is seeking to remedy the deficiency in the 1972 rulemaking
and provide a scientific justification for sulfate water quality standards. To help achieve that end
the IEPA engaged in a multi-year project researching the toxicity of sulfate to aquatic life and
livestock. Based on the conclusion of these studies, the first notice proposal seeks to:
1.
update the sulfate general use water quality standard to be protective of aquatic
life and livestock watering uses;
2.
repeal the TDS general use water quality standard;
3.
amend the mixing regulations at 35 Ill. Adm. Code 302.102 to allow mixing in
7Q1.1 zero flow streams to dischargers that can demonstrate attainment of water
quality standards when the discharge occurs; and
4.
delete portions of the existing Subtitle D mine waste rules, codified at 35 Ill.
Adm. Code 400
et seq.
, to ensure that sulfate limits in mine National Pollutant
Discharge Elimination System (NPDES) permits are based on the general use
water quality standards of Subpart C.
Summary of Differences between Board’s First Notice Rules and IEPA Proposal
The Board held two hearings in this proceeding on March 7, 2007, in Springfield and on April 23,
2007, in Chicago. The Board’s first notice rules differ from, and make some substantive changes
to, the initial proposal filed by the IEPA. In summary, the Board updated provisions on mixing
zones to reflect current IEPA practice that allows mixing in up to 50% of the stream flow when
dilution is less than 3:1. Additionally, the Board added language addressing water quality
Environmental Register – September 2007
5
situations that may not fall directly under the proposed specifications of hardness and chloride
concentrations of existing waters. In those instances, the Board adopted language for first notice
that states that the sulfate standard is to be determined on a case-by-case basis in conjunction with
an applicable NPDES permitting process.
Sulfate General Use Water Quality Standard
The first notice proposal contains two acute aquatic toxicity criterion equations for sulfate at
specified ranges of hardness and chlorides under Section 302.208(h). These equations allow for
the calculation of site-specific sulfate standards based on water quality characteristics. In
addition, the proposal includes a numeric chronic sulfate standard of 2000 milligrams per liter
(mg/L) applicable to areas where water is withdrawn or accessed for livestock watering. This
approach will allow for site-specific adjustments to the maximum allowable sulfate levels, while
still maintaining protection of aquatic life forms and within the tolerable level for livestock.
Regarding general use WQS, the Board proposed amendments to address the scenario when
chloride concentrations exceed 500 mg/L and hardness is less than 500 mg/L. Proposed section
302.208(h)(3)(B) sets a sulfate standard of 2000 mg/L when chlorides are 5 mg/L or greater. This
would include chloride values greater than 500 mg/L that violate the chloride WQS, as long as
hardness is greater than 500 mg/L. In its comments, the IEPA explained that hardness mitigates
the toxicity of sulfate to aquatic life. Although the proposal provides a sulfate standard in high
chloride waters with hardness greater than 500 mg/L, no provision was included by the IEPA for
waters with hardness less than 500 mg/L. As was noted above, the Board found that the IEPA
could utilize the equations and/or other rule provisions to insure the quality of the water through
the permit process.
Repeal of the TDS General Use WQS
The IEPA proposed the deletion of the Board’s existing TDS water quality standard in lieu of the
proposed sulfate water quality standard and the existing chloride water quality standard. As with
the sulfate standards, the participants in this rulemaking supported the IEPA’s proposal to delete
the TDS standard for general use waters. The IEPA asserted that in Illinois waters the toxicity
associated with substances comprising major portion of TDS is predominantly due to either
chloride or sulfate. The toxicity of other ions that make up TDS, such as sodium, calcium,
magnesium and carbonates is insignificant when compared to chloride and sulfate toxicity. The
Board agreed with the IEPA that with the adoption of sulfate standard and the existing chloride
standard, the water quality standards adequately address toxicity of dissolved salts, and that a TDS
standard is not necessary.
Mixing Zones
The Board agreed with the IEPA that allowing mixing when streams are not at drought flow will
not result in adverse impact to aquatic life, as long as attainment with water quality standards is
demonstrated on a consistent basis. Further, the proposed amendment would allow mixing as a
means to achieve attainment of water quality standards for discharges of substances such as
sulfate, boron, chloride and fluoride, for which technically feasible and economically reasonable
treatment is not available
Additionally, the Board is proposing amendments to the mixing rules in Section 301.102(b)(6),
which require a zone of passage when mixing is allowed in receiving streams. A “zone of
passage” is an area in the stream not impacted by the mixture of effluent with receiving water that
is preserved for use by aquatic life whenever mixing is allowed. The IEPA proposed to allow
mixing without requiring a zone of passage in very small streams, defined as streams that have
zero flow for at least seven consecutive days recurring on average in nine years out of ten. The
IEPA classifies these streams as 7Q1.1 zero flow streams. Generally, these streams have zero
flow during dry weather and contain high velocity flow during rainfall or snowmelt events.
Usually effluent discharge into these streams coincides with wet weather flows in the streams.
Environmental Register – September 2007
6
The IEPA asserted that this change is necessary given the elimination of the TDS standard to
allow mines to mix effluent under wet weather conditions
In response to concerns raised by the environmental groups, and as is explained above, the Board
included proposed language at first notice to allow mixing in no more than 50% of the flow for
streams where the dilution ratio is less than 3 to 1.
Deletion of Portions of the Existing Mine Waste Rules
The IEPA proposed deleting provisions under Subtitle D for Mine Related Water Pollution.
These provisions address separate water quality standards for sulfates and chlorides (35 Ill. Adm.
Code 406.203), State and NPDES Permits incorporated into mine abandonment plans (35 Ill.
Adm. Code 405.109(b)(2)(A) and (B)), and compliance and effective dates for mines (35 Ill.
Adm. Code 407).
The first notice proposal adopted by the Board proposes that effluent limits in permits for mines
be based on the Subtitle C water quality standards for sulfates and chlorides in lieu of Subtitle D.
The IEPA explained that a separate standard for sulfate from mines was set in 1984 because such
discharges were characteristically high in sulfate, and many mines were not able to rely on
conventional mixing provisions to achieve compliance. The standard was set at 3500 mg/L and
was not documented by the same type of studies used in standards development today. The Board
found that the new sulfate standards proposed by the IEPA reflect the current scientific
understanding and that the amendments to the mixing regulations will allow mixing to achieve
compliance for many mine discharges that did not previously qualify for conventional mixing.
Copies of the Board’s opinion and order in R07-9 may be obtained by calling the Clerk’s office 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; e-mail address
tipsordm@ipcb.state.il.us
Board Adopts Order Extending the Adoption Deadline in the Identical In Substance
Rulemaking RCRA Subtitle C Update, USEPA Amendments (January 1, 2006 though June
30, 2006) R07-5; RCRA Subtitle C Update, USEPA Amendments (July 1, 2006 though
December 31, 2006) R07-14 (consolidated)
On September 20, 2007, the Board extended the deadline for completion of amendments in the
consolidated docket RCRA Subtitle C Update, USEPA Amendments (January 1, 2006 though
June 30, 2006) R07-5; RCRA Subtitle C Update, USEPA Amendments (July 1, 2006 though
December 31, 2006) R07-14. The consolidated docket concerns Illinois regulations that are
“identical in substance” to hazardous waste regulations adopted by the United States
Environmental Protection Agency (USEPA). The USEPA rules implement Subtitle C of the
federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921
et seq
. (2003)).
The final date for Board completion of the amendments was extended from October 1, 2007 to
April 14, 2008. The Board stated that it anticipates that it will adopt a proposal for public
comment at its December 20, 2007 meeting, and that the proposal will be filed by December 31,
2007 with the Secretary of State’s Index Department for publication in the January 11, 2008
Illinois Register
. If these events timely occur and no additional delay is required to adequately
respond to public comments, the Board anticipates adoption of final rules at its March 6, 2008
meeting. Because the Board holds adopted RCRA Subtitle C rulemakings for 30 days for USEPA
review, the Board anticipates filing the adopted amendments with the Secretary of State’s Index
Department by April 14, 2008.
Copies of the Board’s opinion and order in R07-5/14 may be obtained by calling the Clerk’s
office at 312-814-3620, or by downloading copies from the Board’s Web site at
www.ipcb.state.il.us.
Environmental Register – September 2007
7
For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address
mccambm@ipcb.state.il.us
Board Actions
September 6, 2007
Chicago, Illinois
Rulemakings
R08-1
UIC Update, USEPA Amendments (January 1, 2007 through June
30, 2007) – The Board dismissed this reserved identical-in-
substance docket because the United States Environmental
Protection Agency did not amend its underground injection
control regulations during the update period of January 1, 2007
through June 30, 2007.
4-0
R, Land
R08-2
RCRA Subtitle D (Municipal Solid Waste Landfill) Update,
USEPA Amendments (January 1, 2007 through June 30, 2007) –
The Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did
not amend its municipal solid waste landfill regulations during the
update period of January 1, 2007 through June 30, 2007.
4-0
R, Land
R08-3
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (January 1, 2007 through June 30, 2007) – The
Board dismissed this reserved identical-in-substance docket
because the United States Environmental Protection Agency did
not amend its hazardous waste regulations during the update
period of January 1, 2007 through June 30, 2007.
4-0
R, Land
R08-4
UST Update, USEPA Amendments (January 1, 2007 through June
30, 2007) – The Board dismissed this reserved identical-in-
substance docket because the United States Environmental
Protection Agency did not amend its exemptions from the
definition of underground storage tank during the update period of
January 1, 2007 through June 30, 2007.
4-0
R, Land
Adjusted Standards
AS 08-1
In the Matter of: Petition of Illinois Department of Transportation,
District 8, Bowman Avenue Pump Station and Deep Well System,
for an Adjusted Standard from 35 Ill. Adm. Code 302.208(g)
(NPDES Permit No. IL0070955) – The Board ordered petitioner to
file an amended petition to cure noted deficiencies on or before
October 11, 2007, or the petition would be subject to dismissal.
4-0
Water
Environmental Register – September 2007
8
Administrative Citations
AC 06-23
IEPA v. Harold Graves
– The Board granted respondent’s motion
to withdraw his petition for review. The Board found that this
respondent violated Sections 21(p)(1), (4) and (7) of the Act (415
ILCS 5/21(p)(1), (4) and (7) (2006)) and assessed a penalty of
$4,500 in this administrative citation involving a Christian County
facility.
4-0
AC 08-1
IEPA v. Carol G. Prieb
– The Board accepted for hearing
respondent’s petition for review of this administrative citation
involving a Union County facility.
4-0
AC 08-2
IEPA v. Charles Stuller
– The Board found that this respondent
violated Sections 21(p)(1), (3) and (7) of the Act (415 ILCS
5/21(p)(1), (3) and (7) (2006)), assessing a penalty of $4,500 in this
administrative citation involving a Macoupin County facility.
4-0
AC 08-3
IEPA v. Swami Oil Company
– The Board found that this
respondent violated Sections 21(p)(1), (3) and (7) of the Act (415
ILCS 5/21(p)(1), (3) and (7) (2006)), assessing a penalty of $4,500
in this administrative citation involving a Iroquois County facility.
4-0
Decisions
PCB 05-98
People of the State of Illinois v. Oasis Industries, 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) (2006)),
and accepted a stipulation and settlement agreement, ordering the
respondent to pay a total civil penalty of $40,000, and to cease and
desist from further violations.
4-0
A-E
PCB 05-219
People of the State of Illinois v. Conair Corporation,
– In this air
and land enforcement action concerning a Champaign 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) (2006)), and accepted a stipulation and settlement
agreement, ordering the respondent to pay a total civil penalty of
$60,000, and to cease and desist from further violations.
4-0
L-E
Motions and Other Matters
PCB 07-115
Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA
– The Board accepted for hearing this permit appeal involving a
Mason County facility. No action was taken on petitioner’s motion
for partial stay of specified conditions in the construction permit.
4-0
P-A, Air
Environmental Register – September 2007
9
PCB 07-119
Mahr's Service & Sales v. IEPA
– The Board accepted for hearing
this underground storage tank appeal involving a Fulton County
facility.
4-0
UST
Appeal
PCB 07-120
Ruth Oil Company v. IEPA
– The Board accepted for hearing this
underground storage tank appeal involving a Stark County facility.
4-0
UST
Appeal
PCB 08-12
Loretta Thigpen v. Morton Mobile Home Park, LLC, an Illinois
limited liability company, d/b/a Edgewood Terrace Mobile Home
Park – The Board directed complainant to file proof of service of
the complaint on the respondent by October 9, 2007, or the
complaint would be subject to dismissal.
4-0
Citizens
PWS-E
PCB 08-18
Midwest Generation, LLC - Fisk Generating Station
– The Board
accepted for hearing this permit appeal involving a Cook County
facility. No action was taken on petitioner’s motion for partial stay
of specified conditions in the construction permit.
4-0
P-A, Air
PCB 08-19
Midwest Generation, LLC - Crawford Generating Station v. IEPA
– The Board accepted for hearing this permit appeal involving a
Cook County facility. No action was taken on petitioner’s motion
for partial stay of specified conditions in the construction permit.
4-0
P-A, Air
PCB 08-20
Midwest Generation, LLC - Waukegan Generating Station v. IEPA
– The Board accepted for hearing this permit appeal involving a
Lake County facility. No action was taken on petitioner’s motion
for partial stay of specified conditions in the construction permit.
4-0
P-A, Air
PCB 08-21
Lindenhurst Sanitary District (NPDES Permit No. IL0020796) v.
IEPA – The Board accepted for hearing this permit appeal
involving a Lake County facility.
4-0
P-A, Water
September 20, 2007
Chicago, Illinois
Rulemakings
R07-5
R07-14
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (January 1, 2006 through December 31, 2006)
(Consolidated: R07-05 and R07-14) – The Board extended the
deadline for completion of rulemaking in this consolidated docket
from October 1, 2007 to April 16, 2008.
4-0
R, Land
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),
4-0
R, Water
Environmental Register – September 2007
10
406.100(d); Repealer of 35 Ill. Adm. Code 406.203 and Part 407;
and Proposed New 35 Ill. Adm. Code 302.208(h) – The Board
adopted a first notice opinion and order in this rulemaking to
amend the Board’s water and mine-related regulations.
R07-18
In the Matter of: Fast-Track Rules Under Nitrogen Oxide (NOx)
SIP Call Phase II: Amendments to 35 Ill. Adm. Code Section
201.146, Parts 211 and 217 – The Board adopted a final opinion
and order which amends the Board’s air pollution control
regulations, specifically to satisfy Illinois’ obligations under the
Unites States Environmental Protection Agency’s nitrogen oxides
(NOx) State Implementation Plan Call Phase II.
4-0
R, Air
Administrative Citations
AC 08-5
County of Macon, Illinois v. Annette Topps and Richard Jones
-
The Board accepted for hearing Richard Jones’ petition for review
of this administrative citation involving a Macon County facility.
The Board took no action as to Annette Topps.
4-0
Adjudicatory Cases
PCB 05-193
Vernon and Elaine Zohfeld v. Bob Drake, Wabash Valley
Service Company, Noah D. Horton, and Steve Kinder – The
Board granted complainant’s motion for voluntary dismissal as to
Bob Drake only.
4-0
A-E
PCB 07-121
Willingham Farms v. IEPA
– The Board accepted for hearing this
underground storage tank appeal involving a Pulaski County
facility.
4-0
UST Appeal
PCB 07-125
Lowe Oil (Robert and Tony Thompson) v. IEPA
– The Board
accepted for hearing this underground storage tank appeal
involving an Alexander County facility.
4-0
UST Appeal
PCB 07-126
Gateway FS, Inc. v. IEPA
– The Board accepted for hearing this
underground storage tank appeal involving a Randolph County
facility. No action was taken on petitioner’s motion to consolidate
this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-127
Pioneer Oil Company v. IEPA
– The Board accepted for hearing
this underground storage tank appeal involving a Montgomery
County facility. No action was taken on petitioner’s motion to
consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-128
Jahraus Oil Company, Inc. v IEPA
– The Board accepted for
hearing this underground storage tank appeal involving a Marion
County facility. No action was taken on petitioner’s motion to
consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-129
Yesley Service Company, Inc. v. IEPA
– The Board accepted for
hearing this underground storage tank appeal involving a
Randolph County facility. No action was taken on petitioner’s
motion to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
Environmental Register – September 2007
11
PCB 07-130
Gallaher's Shell v. IEPA
– The Board accepted for hearing this
underground storage tank appeal involving a Hancock County
facility. No action was taken on petitioner’s motion to consolidate
this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-135
George R. Strunk v. Williamson Energy LLC (Pond Creek Mine
#1) – The Board partially granted and partially denied
respondent’s motion to dismiss. The Board directed complainant
to file an amended complaint within 30 days of the date of this
order.
4-0
A,N,W-E
PCB 07-137
Russell Oil Company, Inc. v. IEPA
– The Board accepted for
hearing this underground storage tank appeal involving a
Williamson County facility. No action was taken on petitioner’s
motion to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-138
Watertower Marina, Inc. v. IEPA
– The Board accepted for
hearing this underground storage tank appeal involving a
McHenry County facility. No action was taken on petitioner’s
motion to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-141
F. A. Stein Oil Company 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 St. Clair County.
4-0
UST Appeal
PCB 07-142
Big Tony’s Lounge v. IEPA
– The Board accepted for hearing this
underground storage tank appeal involving a McHenry County
facility.
4-0
UST Appeal
PCB 07-143
Joe’s Midtown Auto Repair v. IEPA
– The Board accepted for
hearing this underground storage tank appeal involving a
McHenry County facility. No action was taken on petitioner’s
motion to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-145
Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining
(Pond Creek Mine #1) – The Board found this citizen’s noise
enforcement action involving a Williamson County facility,
neither duplicative nor frivolous, and accepted the complaint for
hearing.
4-0
N-E, Citizens
PCB 07-149
Biomedical Technology Solutions, Inc. v. IEPA
– The Board
dismissed this petition for statewide variance as petitioner failed to
file an amended petition as directed in the Board’s July 26, 2007
order.
4-0
L-V
PCB 08-13
Chad Gifford v. American Metal Fibers, Inc.
– The Board denied
respondent’s motion to dismiss, but struck the allege violation of
415 ILCS 5/25 (2006)) of the Act as frivolous. The Board found
the remaining alleged violations of 415 ILCS 5/24 (2006)) and 35
Ill. Adm. Code 901.102 neither duplicative nor frivolous and
accepted this citizen’s noise enforcement action involving a
Williamson County facility for hearing.
4-0
N-E, Citizens
Environmental Register – September 2007
12
PCB 08-18
Midwest Generation, LLC - Fisk Generating Station
– The Board
granted petitioner’s motion for a partial stay of the construction
permit.
4-0
P-A, Air
PCB 08-19
Midwest Generation, LLC - Crawford Generating Station v. IEPA
– The Board granted petitioner’s motion for a partial stay of the
construction permit. The Board denied the request for stay as to
Condition 5(b) only.
4-0
P-A, Air
PCB 08-20
Midwest Generation, LLC - Waukegan Generating Station v.
IEPA – The Board granted petitioner’s motion for a partial stay of
the construction permit. The Board denied the request for stay as
to Condition 5(b) only.
4-0
P-A, Air
PCB 08-22
Midwest Generating, LLC, Will County Generating Station v.
IEPA – The Board accepted for hearing this permit appeal
involving a Will County facility. No action was taken on
petitioner’s motion for partial stay of specified conditions in the
construction permit.
4-0
P-A, Air
PCB 08-23
Midwest Generating, LLC, Powerton Generating Station v. IEPA
– The Board accepted for hearing this permit appeal involving a
Tazewell County facility. No action was taken on petitioner’s
motion for partial stay of specified conditions in the construction
permit.
4-0
P-A, Air
PCB 08-24
Midwest Generating, LLC, Joliet Generating Station v. IEPA
–
The Board accepted for hearing this permit appeal involving a
Will County facility. No action was taken on petitioner’s motion
for partial stay of specified conditions in the construction permit.
4-0
P-A, Air
PCB 08-25
Peoria Disposal Company v. IEPA
– The Board accepted for
hearing this permit appeal involving a Peoria County facility.
4-0
P-A, Land
New Cases
September 6, 2007 Board Meeting
07-115
Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA – The Board accepted
for hearing this permit appeal involving a Mason County facility. No action was taken on
petitioner’s motion for partial stay of specified conditions in the construction permit.
07-119
Mahr's Service & Sales v. IEPA
– The Board accepted for hearing this underground
storage tank appeal involving a Fulton County facility.
07-120
Ruth Oil Company v. IEPA
– The Board accepted for hearing this underground storage
tank appeal involving a Stark County facility.
08-18
Midwest Generation, LLC - Fisk Generating Station
– The Board accepted for hearing this
permit appeal involving a Cook County facility. No action was taken on petitioner’s motion for
partial stay of specified conditions in the construction permit.
Environmental Register – September 2007
13
08-19
Midwest Generation, LLC - Crawford Generating Station v. IEPA
– The Board accepted
for hearing this permit appeal involving a Cook County facility. No action was taken on
petitioner’s motion for partial stay of specified conditions in the construction permit.
08-20
Midwest Generation, LLC - Waukegan Generating Station v. IEPA
– The Board accepted
for hearing this permit appeal involving a Lake County facility. No action was taken on
petitioner’s motion for partial stay of specified conditions in the construction permit.
08-21
Lindenhurst Sanitary District (NPDES Permit No. IL0020796) v. IEPA – The Board
accepted for hearing this permit appeal involving a Lake County facility.
September 20, 2007 Board Meeting
08-22
Midwest Generating, LLC, Will County Generating Station v. IEPA – The Board accepted
for hearing this permit appeal involving a Will County facility. No action was taken on
petitioner’s motion for partial stay of specified conditions in the construction permit.
08-23
Midwest Generating, LLC, Powerton Generating Station v. IEPA
– The Board accepted for
hearing this permit appeal involving a Tazewell County facility. No action was taken on
petitioner’s motion for partial stay of specified conditions in the construction permit.
0824
Midwest Generating, LLC, Joliet Generating Station v. IEPA
– The Board accepted for
hearing this permit appeal involving a Will County facility. No action was taken on petitioner’s
motion for partial stay of specified conditions in the construction permit.
08-25
Peoria Disposal Company v. IEPA
– The Board accepted for hearing this permit appeal
involving a Peoria County facility.
AS 08-2
In the Matter of: Petition of Stericycle, Inc. for an Adjusted Standard from Ill. Adm.
Code tit. 35 1422.111(B)(1); 1450.105(A)-(B); 1450.200 (E); and Condition 15 of Permit No.
1997-264-DE/OP, Supplemental Permit No. 2005-182-SP – No action taken.
AS 08-3
In the Matter of: Petition for Adjusted Standard from 35 Ill. Adm. Code 620.420 for
Nobel Risley's Landfill #2 – No action taken.
Provisional Variances
IEPA 08-03 Exelon Generation Company, L.L.C. (Clinton Nuclear Power Station) v. IEPA
–
On September 11, 2007, the Illinois Environmental Protection Agency (IEPA) granted a request
by Exelon Generation Company, L.L.C (Clinton Nuclear Power Station) for a provisional
variance from Special Condition 4 of NPDES Permit IL00036919. This condition limits the
temperature of the discharge to Clinton Lake from Clinton Power station to a daily average
temperature which (1) does not exceed 99 degrees Fahrenheit during more than 90 days in a fixed
calendar year running from January 1 through December 31, and (2) does not exceed 110.7
degrees Fahrenheit for any given day. Due to the extremely hot weather conditions, Exelon’s
Clinton Station sought the provisional variance, which is effective from September 13, 2007
through October 2, 2007.
IEPA 08-04 Marathon Petroleum Compnay LLC (Rockford Terminal )v. Illinois
Environmental Protection Agency
– On September 6, 2007, the Illinois Environmental
Protection Agency granted a request from Marathon Petroleum Company LLC (Marathon) for a
provisional variance for its Rockford Terminal from limits for total suspended solids and total iron
contained in NPDES Permit IL0062782. Marathon sought the provisional variance to complete
cleaning and repair work to a detention pond. The provisional variance period is from September
10, 2007 through October 1, 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
Environmental Register – September 2007
14
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.
Calendar
10/4/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
10/10/07
1:00 PM
R 07-20
In the Matter of: Procedures
Required by PA 94-849 for
Reporting Releases of Radionuclides
at Nuclear Power Plants: New 35
Ill. Adm. Code Part 1010
Training Room 1214 West
IEPA Office Building
1021 N. Grand Ave. (North
Entrance)
Springfield
10/18/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
10/30/07
10:00 AM
PCB 07-
121
Willingham Farms v. IEPA
(Incident No. 20040141)
Illinois Pollution Control Board
Hearing Room
1021 North Grand Ave. East,
North Entrance
Springfield
10/30/07
10:00 AM
PCB 07-
125
Lowe Oil (Robert and Tony
Thompson) v. IEPA
Illinois Pollution Control Board
Hearing Room
1021 North Grand Ave. East,
North Entrance
Springfield
10/30/07
10:00 AM
PCB 07-
142
Big Tony’s Lounge v. IEPA
Illinois Pollution Control Board
Hearing Room
1021 North Grand Ave. East,
North Entrance
Springfield
10/31/07
10:00 AM
PCB 07-
121
Willingham Farms v. IEPA
(Incident No. 20040141)
Illinois Pollution Control Board
Hearing Room
1021 North Grand Ave. East,
North Entrance
Springfield
10/31/07
10:00 AM
PCB 07-
125
Lowe Oil (Robert and Tony
Thompson) v. IEPA
Illinois Pollution Control Board
Hearing Room
1021 North Grand Ave. East,
North Entrance
Springfield
Environmental Register – September 2007
15
10/31/07
10:00 AM
PCB 07-
142
Big Tony’s Lounge v. IEPA
Illinois Pollution Control Board
Hearing Room
1021 North Grand Ave. East,
North Entrance
Springfield
11/1/07
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
11/6/07
9:00 AM
PCB 08-
25
Peoria Disposal Company v. IEPA
Peoria County Board
Room 403
324 Main Street
Peoria
11/15/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
------------------------------------------------CUT HERE------------------------------------------------
Environmental Register Comment Card
The Illinois Pollution Control Board is an independent five-member board
that adopts environmental control standards, rules on enforcement actions,
and other environmental disputes for the State of Illinois.
The
Environmental Register
is published monthly by the Board, and
contains
updates on rulemakings, descriptions of final decisions, the Board’s hearing
calendar, and other environmental law information.
------------------------------------------------CUT HERE------------------------------------------------
Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
