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
On Monday, October 15, 2007, the First Chairman of the Board, David P. Currie,
passed away in Chicago. Currie was credited with drafting legislation that became
the Environmental Protection Act in 1970, establishing both the Board and the
Illinois Environmental Protection Agency (IEPA). Governor Ogilvie appointed
Currie Chairman in July 1970.
Currie taught law at the University of Chicago for 45 years, and held the title of
Edward H. Levi Distinguished Service Professor. As a professor, Currie won the
teaching excellence award from law school graduates a record 4 times and was an
internationally recognized constitutional scholar. In addition, Currie was a leading
member of Chicago’s Gilbert & Sullivan Opera Co.: playing the lead and directing
numerous productions as well as serving as president of the company for many
years.
In the Board’s 1995 Annual Report celebrating the 25
th
Anniversary of the Board,
Currie was interviewed on the early days of the Board. He stated that the “Board
was intended to be a small body that made decisions rather than going out and doing the initial research.” Currie
noted that in the early days the Board relied heavily on the IEPA and the Institute of Environmental Quality (which
eventually was absorbed into the Department of Natural Resources). For example, in 1972 when developing air
rules, the Board called upon these two agencies to “make detailed scientific-supported proposals” for Illinois
environmental regulations.
Currie expressed amazement and pleasure at the Board’s teamwork and “the willingness to think about the merits of
questions rather than taking positions representing our backgrounds.” Currie was a “big believer” in public
hearings and felt that the public hearings “were really quite wonderful.” He also related that the Board relied on
USEPA guidelines to make decisions and the Board had “very good relations” with many environmental groups.
Currie’s background as a constitutional scholar laid the groundwork for the separation of powers between the Board
and the IEPA in the arena of Illinois environmental regulation. Over the past four decades, Illinois citizens and their
environment have benefited greatly from Professor Currie’s foresight, and that legacy will continue to bless us all.
We are grateful for his leadership. Our prayers are with his wife, Barbara Flynn Currie, and family.
Sincerely,
Dr. G. Tanner Girard
Environmental Register – October 2007
1
Inside This Issue:
FEDERAL UPDATE
P. 1
R
ULE UPDATE
P. 2
B
OARD ACTIONS
P. 5
N
EW CASES
P. 10
B
OARD CALENDAR
P. 11
Back to top
Federal Update
United States Environmental Protection Agency Adopts Direct Final Rule, and Proposes
Identical Rule, to Approve the Illinois State Implementation Plan for the Clean Air
Interstate Rule Under the Clean Air Act
On October 16, 2007 (72 Fed. Reg. 58528) the United States Environmental Protection Agency
(USEPA) adopted a direct final rule, and proposed an identical proposed rule, to approve the
Illinois State Implementation Plan (SIP) for the Clean Air Interstate Rule (CAIR). In this action
USEPA approved a revision to the Illinois State Implementation Plan (SIP) submitted on
September 14, 2007. This revision addresses the requirements of USEPA's Clean Air Interstate
Rule (the federal CAIR), promulgated on May 12, 2005 (70 Fed. Reg. 25161), and subsequently
revised on April 28, 2006 (71 Fed. Reg. 25327), and December 13, 2006 (70 Fed. Reg. 74792).
The approval applies to the regulatory amendments adopted by the Board on September 20, 2007
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). A more detailed description of the Board’s
rulemaking can be found in the September 2007 issue of the
Environmental Register
at page 3.
USEPA has determined that the Illinois SIP revision fully meets the federal CAIR requirements
for Illinois. Therefore, as a consequence of the SIP approval, USEPA will also withdraw the
CAIR Federal Implementation Plans (FIPs) concerning sulfur dioxide (SO
2
), nitrogen oxides
(NO
x
) annual, and NO
x
ozone season emissions for Illinois. The CAIR FIPs for all states in the
federal CAIR region were promulgated on April 28, 2006 (71 Fed. Reg. 25327) and subsequently
revised on December 13, 2006 (70 Fed. Reg. 74792).
The federal CAIR requires states to reduce emissions of SO
2
and NO
x
that significantly contribute
to, and interfere with maintenance of, the national ambient air quality standards (NAAQS) for fine
particulates (PM
2.5
) and/or ozone in any downwind state. The federal CAIR establishes state
budgets for SO
2
and NO
x
and requires states to submit SIP revisions that implement these budgets
in states that USEPA concluded did contribute to nonattainment in downwind states. States have
the flexibility to choose which control measures to adopt to achieve the budgets, including
participating in the USEPA-administered cap-and-trade programs. In the SIP revision that
USEPA approved, USEPA found that Illinois met federal CAIR requirements by participating in
the USEPA-administered cap-and-trade programs addressing SO
2
, NO
x
annual, and NO
x
ozone
season emissions.
This direct final rule will be effective December 17, 2007, unless USEPA receives adverse
comments by November 15, 2007. If adverse comments are received, USEPA will publish a
timely withdrawal of the direct final rule in the Federal Register informing the public that the rule
will not take effect.
Comments, identified by Docket ID No. EPA-R05-OAR-2007-0376, should be submitted by one
of the following methods:
1. On-line at www.regulations.gov
Follow the instructions for submitting comments.
2. E-mail: mooney.john@epa.gov
.
Environmental Register – October 2007
2
3. Fax: (312) 886-5824.
4. Mail: EPA-R05-OAR-2007-0376'', John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
United States Environmental Protection Agency Adopts “Significant New Use Rule” for
Mercury Switches in Motor Vehicles Under the Federal Toxic Substances Control Act
On October 5, 2007 (72 Fed. Reg. 56903) the United States Environmental Protection Agency
(USEPA) adopted a “significant new use rule “(SNUR) to regulate mercury switches in motor
vehicles.
This SNUR covers elemental mercury used in certain convenience light switches, anti-lock
braking system (ABS) switches, and active ride control system switches. Persons who intend to
manufacture (defined by statute to include import) or process elemental mercury for a use
designated by this rule as a significant new use must notify USEPA at least 90 days before
commencing the manufacturing or processing of the chemical substance for such significant new
use. The required notification is designed to provide USEPA with the opportunity to evaluate the
intended use and, if necessary, to prohibit or limit that activity before it occurs.
This final rule is effective November 5, 2007.
For general information contact Colby Lintner, Regulatory Coordinator, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov"
.
For technical information contact Thomas Groeneveld, National Program Chemicals Division
(7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (202) 566-1188;
groeneveld.thomas@epa.gov
.
Rule Update
Board Adopts Second Notice Proposal in Proposed Amendments to Solid Waste Landfill
Rules, 35 Ill. Adm. Code 810 and 811 (R07-8)
On October 4, 2007, the Board adopted a second notice opinion and order in Proposed
Amendments to Solid Waste Landfill Rules, 35 Ill. Adm. Code 810 and 811 (R07-8). The
proposal, which is substantively identical to the proposal the Board adopted for first notice, was
filed with the Joint Committee on Administrative Rules (JCAR) for consideration at the
November 13, 2007 JCAR meeting.
This rulemaking proposes amendments to Parts 810 and 811 that are intended to update the
Board’s solid waste disposal regulations in order to reflect practical experience gained through the
implementation of those rules and the expanded technical and scientific knowledge achieved since
the Board first adopted these standards in 1990. This rulemaking is based on a proposal that was
filed with the Board on July 27, 2006, by the Illinois Chapter of the National Solid Wastes
Management Association (NSWMA). A more detailed description of the amendments in this
rulemaking can be found in the July 2007 issue of the
Environmental Register
(see pages 3-4).
Copies of the Board’s opinion and order in R07-8 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 312-814-6085; e-mail address foxt@ipcb.state.il.us.
Environmental Register – October 2007
3
Board Adopts Second Notice Opinion and Order in Amendments to the Board’s Procedural
Rules and Underground Storage Tank Regulations to Reflect P.A. 94-274, P.A. 94-276, P.A.
94-824, P.A. 95--031, P.A. 95-0177, and P.A. 95-0408 (35 Ill. Adm. Code 101.202, 732.103,
732.702, 734.115, 734.719) (R07-17)
On October 4, 2007, the Board adopted a second notice opinion and order in Amendments to the
Board’s Procedural Rules and Underground Storage Tank Regulations to Reflect P.A. 94-274,
P.A. 94-276, and P.A. 94-824 (35 Ill. Adm. Code 101.202, 732.103, 732.702, 734.115, 734.719)
(R07-17). The Board made substantive changes to the first notice proposal before filing it with
the Joint Committee on Administrative Rules (JCAR). These changes reflect statutory changes
made by three additional public acts: P.A. 95--031, P.A. 95-0177, and P.A. 95-0408. Joint
Committee on Administrative Rules will consider the proposal at its November 13, 2007 meeting.
The amendments in the Board’s R07-17 rulemaking docket propose changes to Parts 101, 732,
and 734 to incorporate recent statutory changes to the Environmental Protection Act (Act) (415
ILCS5 /1 et seq.).
The amendments to Part 101 are driven by changes to the Act found in Public Act 94-0824 (P.A.
94-0824). P.A. 94-0824, effective June 2, 2006, amended the Act’s definition of “pollution
control facility.”
See
415 ILCS 5/3.330(a)(11.5). Specifically, P.A. 94-0824 added a sixteenth
exception to that definition to include processing sites or facilities that receive used oil for
purposes of recycling the used oil. Additionally, after the Board opened this rulemaking docket,
the General Assembly and the Governor had acted upon legislation that added three new
exceptions to the Act’s definition of “pollution control facility.”
See
Public Acts 95-0131, 95-
0177, 95-0408. As part of the changes made to the first notice proposal, the Board is proposing to
add these three exceptions to its definition of “pollution control facility” at second notice.
The amendments to Parts 732 and 734 are driven by changes to the Act found in Public Act 94-
274 and 94-276. Public Act 94-0274 (P.A. 94-0274), effective January 1, 2006, amended the
Act’s definitions with regard to certain activities taken by the Illinois Environmental Protection
Agency (IEPA) in its underground storage tank (UST) program.
See
415 ILCS 5/57.2 (2004).
Specifically, P.A. 94-0274 provides that, in the Title XVI of the Act addressing petroleum USTs,
The Board is seeking to amend the definition of “owner” in Sections 732.103 and 734.115 of its
UST regulations (35 Ill. Adm. Code 732.103, 734.115) to reflect the statutory amendment enacted
by P.A. 94-0274.
Public Act 94-0276 (P.A. 94-0276), effective January 1, 2006, amended the Act’s provisions
regarding no further remediation (NFR) letters.
See
415 ILCS 5/57.10(c). Specifically, the P.A.
94-0276 provides that the Act’s subsection addressing the significance of the IEPA’s issuance of
an NFR letter “does not apply to off-site contamination related to the occurrence that has not been
remediated due to denial of access to the off-site property.” The Board proposed to amend its
regulations regarding NFR letters in Sections 732.702 and 734.710 (35 Ill. Adm. Code 732.702,
734.710) to reflect the statutory amendment enacted by P.A. 92-0276. At second notice the Board
incorporated some technical changes that were suggested by the IEPA. Specifically, the IEPA
suggested changes to clarify the impact of the statutory amendments on unremediated properties
by moving the proposed language within the Section where the Board had proposed it for first
notice.
Copies of the Board’s opinion and order in R07-17 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 312-814-6085; e-mail address foxt@ipcb.state.il.us.
Environmental Register – October 2007
4
Board Adopts First Notice, Without Commenting on the Merits of the Proposal, in the Site-
Specific Rulemaking Abbott Laboratories’ Proposed Site Specific Amendment to
Applicability Section of Organic Material Emission Standards and Limitations for the
Chicago Area; Subpart T: Pharmaceutical Manufacturing (35 Ill. Adm. Code 218.480(b))
(R08-8)
On October 4, 2007, the Board adopted an opinion and order accepting for hearing the proposal
filed by Abbott Laboratories (Abbott) and sending it to first notice, without commenting on the
merits of the proposal, in Abbott Laboratories’ Proposed Site Specific Amendment to
Applicability Section of Organic Material Emission Standards and Limitations for the Chicago
Area; Subpart T: Pharmaceutical Manufacturing (35 Ill. Adm. Code 218.480(b)) (R08-8). The
first notice was filed with the Secretary of State’s Index department and published in the
Illinois
Register
at 31 Ill. Reg. 14581 on October 26, 2007.
Abbott’s September 4, 2007 proposal seeks site-specific amendments for its pharmaceutical
manufacturing facility located in Libertyville Township, Lake County. The affected Section, 35
Ill. Adm. Code 218.480(b), contains certain exemptions that are only applicable to Abbott’s air
suspension coater/dryer, fluid bed dryers, tunnel dryers, and Accelacotas. Abbott is proposing to
amend these site-specific exemptions by “capping” and lowering the overall emissions allowable
under the exemptions from its tunnel dryers numbered #1, #2, #3 and #4, and fluid bed dryers
numbered #1, #2 and #3, and calculating the amount of exempted emissions from the dryers based
on the actual combined emissions from the dryers. Abbott believes that, if adopted, the proposed
amendment would reduce the overall allowable emissions from these units while increasing
Abbott’s operational flexibility, by allowing it to make preferential use of the more efficient fluid
bed dryers.
In response to Abbott’s request, the Board accepted the proposal for hearing, waived the 200
signatures requirement and ordered first notice publication, without comment on the merits of the
Abbott proposal. While Abbott had also requested expedited consideration of its proposal, the
Board did not grant this request due to resource constraints.
The Board is in the process of scheduling a hearing in this rulemaking. The Board
will accept written public comment on this proposal for 45 days after the date of publication in the
Illinois Register
.
Copies of the Board’s opinion and order in R08-8 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 more information, contact Kathleen M. Crowley at 312/814-6929 or email at
crowlek@ipcb.state.il.us.
Board Adopts Identical in Substance Proposal for Public Comment and Sets Hearing As
Required by the federal Clean Air Act in Exemptions from the Definition of VOM, USEPA
Amendments (January 1, 2007 through June 30, 2007) (R08-6)
On October 18, 2007, the Board adopted a proposal for public comment in Exemptions from the
Definition of VOM, USEPA Amendments (January 1, 2007 through June 30, 2007) (R08-6). The
rulemaking is designed to update the definition of “volatile organic material” (VOM) in the
Board’s air pollution regulations (35 Ill. Adm. Code 211.7150). The update is needed to ensure
that Illinois’ regulations reflect the United States Environmental Protection Agency’s (USEPA)
most recent exemption of chemical compounds from regulation as ozone precursors. The
proposal was filed with the Secretary of State’s Index department with an anticipated publication
date in the
Illinois Register
of November 2, 2007.
The R08-6 proceeding relates to the listings of compounds exempted from the State definition of
“volatile organic material” (VOM) or “volatile organic compound” (VOC) in 35 Ill. Adm. Code
211.7150 of the Illinois air pollution control rules. These amendments would update the
definition to correspond with amendments to the corresponding definition of VOC in the federal
Environmental Register – October 2007
5
regulations at 40 C.F.R. 51.100(s) that the United States Environmental Protection Agency
(USEPA) adopted during the period July 1, 2006 through December 31, 2007. USEPA amended
the definition of VOC once during this time period on January 18, 2007 (72 Fed. Reg. 2193) by
adding 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane to the list of chemical
species that are exempt from the federal definition of VOC and, accordingly, which are exempt
from regulation for control of ozone precursors. This compound is also known as HFE–7300 or
L–14787, and it has the empirical formula C
2
F
5
CF(OCH
3
)CF(CF
3
)
2
.
USEPA stated that HFE–7300 has a variety of potential uses including as a heat transfer fluid and
substitute for ozone depleting substances and substances with high global warming potentials,
such as hydroflurocarbons, perfluorocarbons, and perfluoropolyethers. HFE–7300 may be used in
azeotropic mixtures for use in coating deposition, cleaning, and lubricating applications.
As adoption of this proposal could lead to amendment of the Illinois State Implementation Plan
for compliance with the federal Clean Air Act, the Board has scheduled the public hearing
required under such circumstances. Hearing will be held on December 5, 2007, at 1:30 pm in
Room 11-500 at 100 W. Randolph Street, James R. Thompson Center, Chicago, Ilinois.
Additional details are contained in an October 19, 2007 hearing officer order.
The Board will accept comments on this identical in substance proposal for 45 days after the
rulemaking is published in the
Illinois Register
before considering it for final adoption. Copies of
the Board’s opinion and order as well as the hearing officer order in R08-06 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 or by email at
mccambm@ipcb.state.il.us.
Board Actions
October 4, 2007
Chicago, Illinois
Rulemakings
R07-8
In the Matter of: Proposed Amendments to Solid Waste
Landfill Rules, 35 Ill. Adm. Code 810 and 811 – The Board
adopted a second notice opinion and order in this rulemaking
to amend the Board’s solid waste disposal regulations.
4-0
R, Land
R07-17
In the Matter of: Amendments to the Board's Procedural Rules
and Underground Storage Tank Rules to Reflect P. A. 94-0274,
P.A. 94-0276, P.A. 94-0824, P.A. 95-031, P.A. 95-0177, and
P.A. 95-0408 (35 Ill. Adm. Code 101.202, 732.103, 732.702,
634.115, and 734.710) – The Board adopted a second notice
opinion and order in this rulemaking to amend the Board’s
procedural rules and underground storage tank regulations to
reflect recent legislation.
4-0
R, Land
R08-8
In the Matter of: Abbott Laboratories' Proposed Site-Specific
Amendment to Applicability Section of Organic Material
Emission Standards and Limitations for the Chicago Area:
Subpart T: Pharmaceutical Manufacturing (35 Ill. Adm. Code
218.480(b)) – The Board accepted for hearing petitioner’s
September 4, 2007 proposal to amend the Board’s air pollution
4-0
R, Air
Environmental Register – October 2007
6
control regulations. The Board also authorized first notice
publication of the proposal without comment on the merits.
The Board granted petitioner’s motions to waive requirements
to submit 200 signatures, but denied the request for expedited
review. The Board also requested that petitioner address the
“published study or report” requirement of 35 Ill. Adm. Code
102.210(c).
Adjusted Standards
AS 08-3
In the Matter of: Petition for Adjusted Standard from 35 Ill.
Adm. Code 620.420 for Nobel Risley's Landfill #2 – The Board
granted the Illinois Environmental Protection Agency’s motion
for an extension of the time in which it must file the
recommendation, now due on November 19, 2007. The Board
also granted petitioner’s motion for leave to file only a total of
four copies of the 1,250-page technical justification. The Board
denied petitioner’ request for expedited review.
4-0
Administrative Citations
AC 08-4
IEPA v. Fred Honaker - 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)) and ordered respondent to pay a
penalty of $4,500.
4-0
AC 08-5
County of Macon, Illinois v. Annette Topps and Richard Jones -
The Board found that Annette Topps only, violated Sections
21(p)(1), (3) and (7) of the Act (415 ILCS 5/21(p)(1), (3) and
(7) (2006)) and ordered respondent to pay a penalty of $4,500.
Richard Jones’ petition for review was accepted for hearing on
September 20. 2007.
4-0
Adjudicatory Cases
PCB 01-69
Terminal Railroad Association v. IEPA – The Board granted
this St. Clair County facility’s motion for voluntary dismissal of
this permit appeal.
4-0
P-A, Land
PCB 05-202
People of the State of Illinois v. Phoenix Finishing, Inc.
–
Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing
requirement in this air enforcement action involving a
DuPage County facility, the Board ordered publication of the
required newspaper notice.
4-0
A-E
PCB 06-7
Lawrence Keith Padgett and Charlotte Ann Padgett v.
Attorney's Title Guaranty Fund, Inc. – The Board granted the
joint motion for voluntary dismissal of this citizens noise
enforcement action involving a Champaign County site.
4-0
N-E
PCB 06-157
People of the State of Illinois v. Belvidere National Bank and
Trust Company Trust Number 1600, a trust, Cordray Brothers,
4-0
W-E
Environmental Register – October 2007
7
Inc., an Illinois corporation, and as sole beneficiary of Trust No.
1600 – In this water enforcement action concerning a Boone
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)), and accepted a stipulation
and settlement agreement, ordering the respondent to pay a total
civil penalty of $15,000, and to cease and desist from further
violations.
PCB 06-185
D & L Landfill, Inc. v. IEPA – The Board granted this Bond
County facility’s motion for voluntary dismissal of this permit
appeal.
4-0
A, P-A
PCB 07-40
People of the State of Illinois v. Village of Browning
– Upon
receipt of a proposed stipulation and settlement agreement and
an agreed motion to request relief from the hearing requirement
in this public water supply enforcement action involving a
Schuyler County facility, the Board ordered publication of the
required newspaper notice.
4-0
PWS-E
PCB 07-82
Bob’s Service Center, Inc. v. IEPA – The Board denied
petitioner’s motion to consolidate this case with fourteen other
UST appeals.
4-0
Appeal
PCB 07-99
L.W. Paul Supply Co., Inc. v. IEPA – The Board denied
petitioner’s motion to consolidate this case with fourteen other
UST appeals.
4-0
UST Appeal
PCB 07-108
Reed’s Service v. IEPA – The Board denied petitioner’s motion
to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-115
Dynegy Midwest Generation, Inc. (Havana Power Station)
v.
IEPA – The Board granted petitioner’s motion for a partial stay
of the construction permit.
4-0
P-A, Air
PCB 07-119
Mahr’s Service and Sales v. IEPA – The Board denied
petitioner’s motion to consolidate this case with fourteen other
UST appeals.
4-0
UST Appeal
PCB 07-120
Ruth Oil Co., Inc. v. IEPA – The Board denied petitioner’s
motion to consolidate this case with fourteen other UST
appeals.
4-0
UST Appeal
PCB 07-126
Gateway FS, Inc. v. IEPA – The Board denied 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 denied 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 denied
petitioner’s motion to consolidate this case with fourteen other
UST appeals.
4-0
UST Appeal
Environmental Register – October 2007
8
PCB 07-129
Yesley Service Company, Inc. v. IEPA – The Board denied
petitioner’s motion to consolidate this case with fourteen other
UST appeals.
4-0
UST Appeal
PCB 07-130
Gallaher's Shell v. IEPA – The Board denied petitioner’s motion
to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-137
Russell Oil Company, Inc. v. IEPA – The Board denied
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 denied
petitioner’s motion to consolidate this case with fourteen other
UST appeals.
4-0
UST Appeal
PCB 07-140
Anne or Fred Hood 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 Macoupin County.
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 found the alleged violations of the
Board’s regulation and the Environmental Protection Act
neither duplicative nor frivolous and accepted this citizen’s
public water supply enforcement action involving a Tazewell
County facility for hearing.
4-0
PWS-E,
Citizens
PCB 08-15
People of the State of Illinois v. Four S, LLC – In this 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)), and accepted a stipulation and settlement
agreement, ordering the respondent to pay a total civil penalty
of $2,500, and to cease and desist from further violations.
4-0
W-E
PCB 08-22
Midwest Generating, LLC, Will County 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 a portion of Condition 5(b) only.
4-0
P-A, Air
PCB 08-23
Midwest Generating, LLC, Powerton 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 a portion of Condition 5(b) only.
4-0
P-A, Air
PCB 08-24
Midwest Generating, LLC, Joliet 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
a portion of Condition 5(b) only.
4-0
P-A, Air
PCB 08-26
People of the State of Illinois v. Gary Cates, d/b/a Cherry Street
Automotive, Calvin Booth, d/b/a Auto Salvage Illinois, and S. I.
Promotion Flora, Inc. – The Board accepted for hearing this
land enforcement action involving a site located in Lee County.
4-0
L-E
Environmental Register – October 2007
9
PCB 08-27
People of the State of Illinois v. City of Hometown – The Board
accepted for hearing this public water supply enforcement
action involving a site located in Cook County.
4-0
PWS-E
October 18, 2007
Chicago, Illinois
Rulemakings
R08-6
Definition of VOM Update, USEPA Amendments (January 1,
2007 through June 30, 2007) – The Board adopted a proposal
for public comment in this “identical-in-substance” rulemaking
to update the definition of “volatile organic material” (VOM) in
the Board’s air pollution regulations.
4-0
R, Air
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 granted this Madison County facility an adjusted standard
from the effluent discharge requirements, pursuant to 35 Ill
Adm. Code 304.106 and 304.124, effective October 17, 2007
and subject to conditions.
4-0
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 –
The Board ordered petitioner to file an amended petition to cure
noted deficiencies on or before November 18, 2007, or the
petition would be subject to dismissal.
4-0
Adjudicatory Cases
PCB 06-33
People of the State of Illinois v. First Choice Construction, Inc.
– Upon receipt of a proposed stipulation and settlement
agreement and an agreed motion to request relief from the
hearing requirement in this land enforcement action involving a
St. Clair County facility, the Board ordered publication of the
required newspaper notice.
4-0
L-E
PCB 07-28
People of the State of Illinois v. Provena Hospitals, d/b/a
Provena United Samaritans Medical Center, and Resurrection
Catholic Cemetery Association of Danville, Illinois – Upon
receipt of separate proposed stipulations and settlement
agreements between the People and each party, and agreed
motions to request relief from the hearing requirement, in this
land enforcement action involving a Vermilion County facility,
the Board ordered publication of the required newspaper
notices.
4-0
L-E
Environmental Register – October 2007
10
PCB 07-123
Dynegy Midwest Generation, Inc. (Hennepin Power Station) v.
IEPA – The Board accepted for hearing this permit appeal
involving a Bureau County facility. No action was taken on
petitioner’s motion for partial stay of specified conditions in the
construction permit.
4-0
PA-Air
PCB 07-143
Joe’s Midtown Auto Repair v. IEPA
– The Board denied
respondent’s motion to dismiss.
4-0
UST Appeal
PCB 08-5
Dunn’s University BP v. IEPA (Corrective Action Plan Dated
December 30, 2006) – 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 Coles County.
4-0
UST Appeal
PCB 08-28
People of the State of Illinois v. City of Jerseyville
– Upon
receipt of a proposed stipulation and settlement agreement and
an agreed motion to request relief from the hearing requirement
in this land enforcement action involving a Jersey County
facility, the Board ordered publication of the required
newspaper notice.
4-0
W-E
PCB 08-29
People of the State of Illinois v. Gateway Bobcat of Herberer
Equipment Co., Inc. d/b/a Bobcat of St. Louis – The Board
accepted for hearing this public water supply enforcement
action involving a site located in Cook County.
4-0
W-E
New Cases
October 4, 2007 Board Meeting
08-26
People of the State of Illinois v. Gary Cates, d/b/a Cherry Street Automotive, Calvin Booth,
d/b/a Auto Salvage Illinois, and S. I. Promotion Flora, Inc. – The Board accepted for hearing this
land enforcement action involving a site located in Lee County.
08-27
People of the State of Illinois v. City of Hometown
– The Board accepted for hearing this
public water supply enforcement action involving a site located in Cook County.
October 18, 2007 Board Meeting
08-28
People of the State of Illinois v. City of Jerseyville – Upon receipt of a proposed stipulation
and settlement agreement and an agreed motion to request relief from the hearing requirement in
this land enforcement action involving a Jersey County facility, the Board ordered publication of
the required newspaper notice.
08-29
People of the State of Illinois v. Gateway Bobcat of Herberer Equipment Co., Inc. d/b/a
Bobcat of St. Louis – The Board accepted for hearing this public water supply enforcement action
involving a site located in Cook County.
08-30
Caseyville Sport Choice, LLC, an Illinois Limited Liability Company v. Erma I. Seiber,
Administratrix of the Estate of James A. Seiber, Deceased, and Erma I. Seiber in her individual
capacity – The Board held this action for the filing of proof of service and a later
duplicative/frivolous determination concerning this citizens’ land enforcement action involving a
St. Clair County facility.
Environmental Register – October 2007
11
Calendar
11/1/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
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
11/27/07
8:30 AM
PCB 04-
102
Noveon, Inc. v. IEPA
Municipal Building Council
Chamber
426 E. Park Row
Henry
12/5/07
1:30 PM
R08-06
In the Matter Of: Definition of
VOM Update, USEPA Amendments
(January 1, 2007 through June 30,
2007)
James R. Thompson Center
100 W. Randolph Street, Suite
11-500
Chicago
12/6/07
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
Illinois Pollution Control
Board
Hearing Room
1021 N. Grande Ave. East
(North Entrance)
Springfield
12/12/07
1:30 PM
AC 07-24
IEPA (File No. 304-06-AC) v. C.
John Blickhan
City Hall Caucus Room
730 Main Street
Quincy
12/20/07
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
