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
Water quality standards received considerable attention from the Board during
January. After a lengthy proceeding that began in 2004, the Board adopted a new
general use water quality standard for dissolved oxygen (DO). The Board also
began hearings on a proposal filed late in 2007 to change water quality standards
and effluent limitations for the Chicago Area Waterway System and the Lower Des
Plaines River. These two rulemakings are summarized below. Information about
these proceedings and the Board’s other cases is available through the Clerk’s
Office Online (COOL) on our Web site at www.ipcb.state.il.us
.
On January 24, 2008, the Illinois Pollution Control Board adopted final
amendments to Proposed Amendments To Dissolved Oxygen Standard 35 Ill. Adm.
Code 302.206, R04-25. The rulemaking amended the Illinois general use water
quality standards for DO based on a proposal filed by the Illinois Association of
Wastewater Agencies with changes suggested by the Illinois Department of Natural
Resources and the Illinois Environmental Protection Agency (IEPA).
The new DO rules take into account the natural variability of DO and aquatic organisms in Illinois waters, based on
additional research conducted since the original DO rules were adopted by the Board in 1972. The rule adopts
“two-season” numeric DO standards. The rule divides the year into an “early life stages” season (March through
July) and an “other life stages” season (August through February). The “early life stages” of fish (egg, embryo,
larval, and recently-hatched juvenile) are more sensitive to low DO concentrations than later juvenile and adult
stages, and therefore warrant greater protection. The proposal also includes a narrative DO standard to protect
quiescent and isolated sectors of general use waters where naturally-occurring DO concentrations cannot reasonably
be expected to attain the numeric DO standards. Finally, the new DO rule designates approximately 8% of Illinois’
71,394 general use stream miles to receive “enhanced” numeric DO standards to protect DO-sensitive species
present in meaningful amounts.
At the other end of the rulemaking process, the Board held the first five days of hearing in Chicago on the proposal
docketed as In the Matter of: Water Quality Standards and Effluent Limitations for the Chicago Area Waterway
System and Lower Des Plaines River Proposed Amendments to 35 Ill. Adm. Code 301, 302, 303, and 304, R08-9.
The rulemaking is an IEPA proposal to update the designated uses and criteria necessary to protect the uses for the
waters currently designated for Secondary Contact and Indigenous Aquatic Life Uses. Water bodies that carry these
designations were all part of the engineering effort that reversed the flow of the Chicago River and are known as the
Chicago Area Waterway System and Lower Des Plaines River. In 2000 and 2002, the IEPA began pilot programs
for the Lower Des Plaines River and the Chicago Area Waterway System to develop use attainability analysis for
these waters. The proposed rule changes incorporate the findings of the pilot programs. The IEPA proposal
recommends three distinct recreational uses and three distinct aquatic life uses applicable to these waterways. In
March, the Board has scheduled additional hearings in Joliet in this rulemaking. Dates and locations are listed on
our website at www.ipcb.state.il.us
Sincerely,
Dr. G. Tanner Girard
Environmental Register – January 2008
1
Inside This Issue:
FEDERAL UPDATE
P. 1
R
ULE UPDATE
P. 3
A
PPELLATE UPDATE
P. 5
B
OARD ACTIONS
P. 6
N
EW CASES
P. 10
B
OARD CALENDAR
P. 11
R
ESTRICTED STATUS/CRITICAL REVIEW
P. 13
Back to top
Federal Update
United States Environmental Protection Agency Adopts National Emission Standards for
Hazardous Air Pollutants (NESHAPs) for Iron and Steel Foundries Area Sources Under the
Clean Air Act
On January 2, 2008 (73 Fed. Reg. 225) the United States Environmental Protection Agency
(USEPA) adopted National Emission Standards for Hazardous Air Pollutants (NESHAPs) for iron
and steel foundries area sources.
In this final rule, USEPA adopted requirements for the two area source categories in one subpart.
The final rule establishes different requirements for foundries based on size. Small area source
foundries are required to comply with pollution prevention management practices for metallic
scrap, the removal of mercury switches, and binder formulations. Large area source foundries are
required to comply with the same pollution prevention management practices as small foundries in
addition to emissions standards for melting furnaces and foundry operations. USEPA stated that
the final standards reflect the generally achievable control technology and/or management
practices for each subcategory.
This final rule is effective on January 2, 2008.
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.
United States Environmental Protection Agency Adopts Standards of Performance for
Stationary Spark Ignition Internal Combustion Engines and National Emission Standards
for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines Under the
Clean Air Act
On January 18, 2008 (73 Fed. Reg. 3567) the United States Environmental Protection Agency
(USEPA) adopted standards of performance for stationary spark ignition internal combustion
engines and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for
reciprocating internal combustion engines under the Clean Air Act.
In this final rule, the USEPA is promulgating new source standards of performance for stationary
spark ignition internal combustion engines. USEPA is also promulgating NESHAP standards for
new and reconstructed stationary reciprocating internal combustion engines that either are located
Environmental Register – January 2008
2
at area sources of hazardous air pollutant emissions or that have a site rating of less than or equal
to 500 brake horsepower and are located at major sources of hazardous air pollutant emissions.
This final rule is effective on March 18, 2008.
For further information contact Mr. Jaime Pagan, Energy Strategies Group, Sector Policies and
Programs Division (D243-01), Environmental Protection Agency, Research Triangle Park, North
Carolina 27711; telephone number (919) 541-5340; facsimile number (919) 541-5450; e-mail
address pagan.jaime@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.
United States Environmental Protection Agency Adopts Direct Final Rule, and Proposes
Identical Rule, Approving Revisions to the Illinois Emission Reduction Market System
Rules
On January 30, 2008 (73 Fed. Reg. 5435) the United States Environmental Protection Agency
(USEPA) adopted a direct final rule, and proposed an identical rule, to approve amendments to the
Illinois Emission Reduction Market System (ERMS) regulations.
The Board adopted the approved amendments in Amendments to Emissions Reduction Market
System, 35 Ill. Adm. Code 205 and 211, R05-11 (June 2, 2005).
Illinois has an established a cap and trade program regulating emissions of volatile organic
compounds (VOC) that is designed to address VOC sources in the Chicago area with potential to
emit at least 25 tons per year. Then, in 2004, the Chicago ozone nonattainment area was in effect
reclassified from severe to moderate, which according to USEPA guidance revised the applicable
definition of major sources from 25 tons per year to 100 tons per year (see 69 Fed. Reg. 23951,
April 30, 2004). This reclassification could have resulted in the ERMs program no longer
including sources with potential to emit more than 25 but less than 100 tons per year.
Instead, the Board adopted rule revisions in R05-11, which required that these sources remain part
of the program. The R05-11 rule revisions also addressed other ramifications of the
reclassification to ensure that the ERMS program remained in place so as to maintain the required
volatile organic material emissions reductions in the Chicago area. R05-11 modified the
applicability provisions and clarified other related provisions as a result of the implementation of
the 8-Hour Ozone National Ambient Air Quality Standard and the revocation of the 1-Hour
Ozone National Ambient Air Quality Standard.
This direct final rule will be effective March 31, 2008, unless USEPA receives adverse comments
by February 29, 2008. 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.
Submit your comments, identified by Docket ID No. EPA-R05-OAR-2007-0183, by one of the
following methods:
1.
Online at http://www.regulations.gov
: Follow the on-line instructions for
submitting comments.
2.
Email: mooney.john@epa.gov
.
3.
Fax: (312) 886-5824.
4.
Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Environmental Register – January 2008
3
5.
Hand Delivery: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
For further information contact John Summerhays, Environmental Scientist, Criteria Pollutant
Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6067, summerhays.john@epa.gov
.
Rule Update
Board Grants Motion to Proceed with Amended Proposal in Section 27 Proposed Rules for
Nitrogen Oxide (NO
x
) Emissions from Stationary Reciprocating Internal Combustion
Engines and Turbines: Amendments to 35 Ill. Adm. Code Parts 211 and 217 (R07-19)
On January 10, 2008, the Board granted a motion filed by the Illinois Environmental Protection
Agency (IEPA) to proceed with an amended proposal in Section 27 Proposed Rules for Nitrogen
Oxide (NOx) Emissions From Stationary Reciprocating Internal Combustion Engines and
Turbines: Amendments to 35 Ill. Adm. Code Parts 211 and 217 (R07-19). The IEPA also sought
and was granted leave to withdraw testimony in support of the original proposal that the IEPA had
previously filed, but not presented at hearing in this docket.
The following is a brief synopsis of the history of this rulemaking proposal. On April 6, 2007, the
IEPA filed a rulemaking proposal intended to reduce emissions of NO
x
from stationary
reciprocating engines and turbines, which the Board docketed as R07-18. In an order dated May
17, 2007, the Board concluded that the IEPA’s entire proposal was not “required to be adopted”
by the Clean Air Act (CAA) under Section 28.5 of the Environmental Protection Act (Act).
Accordingly, the Board bifurcated the proposal by continuing to consider only the portion
applicable to the 28 internal combustion engines affected by the NOx State Implementation Plan
(SIP) Call Phase II under Section 28.5. The Board directed the publication of the remainder of the
IEPA’s proposal for first notice under Sections 27 and 28 of the Act in docket R07-19 without
commenting on the merits of the proposal. This was published at 31 Ill. Reg. 7702 (June 8, 2007).
On June 15, 2007, the hearing officer issued an order scheduling a first hearing beginning
September 18, 2007 in Springfield and a second hearing beginning November 5, 2007 in Chicago.
On August 23, 2007, the IEPA filed a motion to cancel the scheduled hearings and associated
deadlines. In an order dated August 27, 2007, the hearing officer granted the motion. At the
direction of the hearing officer, the IEPA has since filed two status reports, a first on October 31,
2007, and a second, on November 19, 2007, which indicated that the IEPA would file an amended
proposal with the Board before the end of December 2007.
On December 20, 2007, the IEPA filed its “Motion to Proceed with Amended Proposal and
Withdraw Testimony.” The Board granted the IEPA’s motion to proceed with the amended
proposal and directed the hearing officer to proceed under the rulemaking provisions of the Act
and the Board’s procedural rules. The Board stated that it would determine in the course of this
proceeding whether to file a second proposal for first notice.
See
5 ILCS 100/5-40 (e) (one-year
deadline).
Copies of the Board’s opinion and orders as well as hearing officer orders in R07-19 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 – January 2008
4
Board Adopts Final Opinion and Order in Proposed Amendments to Dissolved Oxygen
Standard 35 Ill. Adm. Code 302.206 (R04-25)
On January 24, 2008, the Board adopted a final opinion and order in Proposed Amendments to
Dissolved Oxygen Standard 35 Ill. Adm. Code 302.206 (R04-25). The adopted amendments were
filed with the Secretary of State’s Index department and published at 32 Ill. Reg. 2254 (February
8, 2008) with a January 28, 2008 effective date.
The rules, adopted after five days of public hearings, are based on aspects of both the original
proposal filed by the Illinois Association of Wastewater Agencies, and the joint proposal later
filed by the Illinois Department of Natural Resources and Illinois Environmental Protection
Agency. The Board updated the existing general use water quality standard for dissolved oxygen
or “DO”, to make them consistent with the National Criteria Document or “NCD” for DO of the
United States Environmental Protection Agency (USEPA),
Ambient Aquatic Life Water Quality
Criteria for Dissolved Oxygen (Freshwater)
(USEPA, Chapman 1986).
The adopted amendments include a two-season numeric DO standard with values based on daily
minima and 7- and 30-day averages. The “early life stages” season of the two-season numeric DO
standard would run from March 1st through July 31st. (The egg, embryo, larval, and recently-
hatched juvenile life stages of fish are more sensitive to low DO concentrations than later juvenile
and adult stages.) Additionally, the rulemaking designates stream segments (approximately 8% of
general use stream miles in Illinois) to receive “enhanced” numeric dissolved oxygen standards to
protect DO-sensitive fish and macroinvertebrate species present in meaningful amounts. The
adopted amendments also include a narrative DO standard to protect quiescent and isolated
sectors of general use waters.
Copies of the Board’s opinion and order in R04-25 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 Richard McGill at 312-814-6983; e-mail address
mcgillr@ipcb.state.il.us.
Board Accepts Proposal for Hearing in Standards and Limitations for Organic Material
Emissions for Area Sources, Proposed New 35 Ill. Adm. Code Part 223 (R08-17)
On January 24, 2008, the Board accepted a proposal for hearing in Standards and Limitations for
Organic Material Emissions for Area Sources, Proposed New 35 Ill. Adm. Code Part 223 (R08-
17). This proposal, filed by the Illinois Environmental Protection Agency (IEPA) on January 2,
2008, proposes a new 35 Ill. Adm. Code 223 to reduce volatile organic material (VOM) emissions
from various consumer products, architectural and industrial maintenance products, and aerosol
coatings.
In support of this proposal, the IEPA stated that, effective July 17, 1997, the United State
Environmental Protection Agency (USEPA) revised the national ambient air quality standard
(NAAQS) for ozone from 0.120 parts per million (ppm) to 0.080 ppm. In addition, USEPA
increased from one hour to eight hours the time period used as the basis for compliance with the
NAAQS for ozone.
The IEPA claimed that, while many large sources of VOM in the state are already regulated,
Illinois requires additional control measures to achieve compliance with the eight-hour ozone
NAAQS. The IEPA stated that it proposed this rulemaking in order to attain the ozone NAAQS
by 2010 and to protect the health of the state’s citizens. The IEPA claims that combined VOM
emissions from consumer products, architectural and industrial maintenance coatings, and aerosol
coating products “account for approximately 9.86% of all anthropogenic VOM emissions in the
State of Illinois.” The IEPA argued that this proposed rulemaking would reduce VOM emissions
by approximately 28.5 tons per day and slightly more than 10,000 tons on an annual basis.
The Board is currently is the process of scheduling hearings in this rulemaking.
Environmental Register – January 2008
5
Copies of the Board’s opinion and order in R08-17 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.
Appellate Update
Circuit Court Grants Agreed Motion to Dismiss Challenge to Constitutionality of Board
Fast Track Rulemaking in ANR Pipeline Company, Natural Gas Pipeline Company,
Trunkline Gas Company, and Panhandle Eastern Pipe Line Company v. Illinois Pollution
Control Board and Illinois Environmental Protection Agency, No. 07MR190 (Sangamon
County Circuit Court, Jan. 9, 2008)(R07-18)
On January 9, 2008, the Sangamon County Circuit Court entered an agreed order dismissing,
without prejudice, a complaint seeking declaratory and injunctive relief filed by several natural
gas companies against the Board and the Illinois Environmental Protection Agency (IEPA). ANR
Pipeline Company, Natural Gas Pipeline Company, Trunkline Gas Company, and Panhandle
Eastern Pipe Line Company v. Illinois Pollution Control Board and Illinois Environmental
Protection Agency, No. 07MR190 (Sangamon County Circuit Court, Jan. 9, 2008) (hereinafter
ANR Pipeline).
The complaint concerned the IEPA’s April 6, 2007 rulemaking proposal to
control certain nitrogen oxide (NOx) emissions, initially docketed as NOx Emissions From
Stationary Reciprocating Internal Combustion Engines and Turbines, 35 Ill. Adm. Code Section
201.146 and Parts 211 and 217, R07-18 (April 19, 2007). The plaintiff companies sought to
enjoin Board use of the Clean Air Act fast track rulemaking procedures under Section 28.5 of the
Environmental Protection Act (Act), 415 ILCS 5/28.5 (2006), and have the court declare Section
28.5 unconstitutional.
The complaint was filed on May 14, 2007, three days before the Board bifurcated the rulemaking
into "Fast-Track" NOx SIP Call Phase II
R07-18 and Section 27 Proposed Rules for NOx
Emissions From Stationary Reciprocating Internal Combustion Engines and Turbines R07-19
(combined order of May 17, 2007). The power companies had agreed that some provisions of the
IEPA proposal could properly proceed under Section 28.5, and the Board deferred consideration
of the challenged rule provisions to a general rulemaking, captioned as R07-19. The Board
completed rulemaking and adopted fast track rules in R07-18 by order of September 20, 2007.
See Environmental Register
No. 639 (September, 2007) at p. 3. (As reported in this issue of the
Environmental Register
, the R07-19 docket is still pending, and hearings will be set shortly on an
IEPA amended proposal accepted by the Board January 10, 2008.).
As regards the NOx rulemaking, the January 9,2008 order dismisses “without prejudice” an action
that has been effectively moot for months. ANR Pipeline
was the second action seeking
preliminary and permanent injunctive relief from proceeding in a rulemaking under Section 28.5.
The previous action was also eventually dismissed without prejudice after rulemaking was
completed, although not before entry of a preliminary injunction requiring use of Section 27
general rulemaking procedures. Dynegy Midwest Generation, Inc., Kincaid Generation, LLC, and
Midwest Generation, LLC. v. Illinois Pollution Control Board and Illinois Protection
Environmental Agency, Case No. 2006 CH213 (Sangamon County Circuit Court)(preliminary
injunction order May 1, 2006; agreed dismissal order without prejudice entered January 26,
2007).
See
Proposed New 35 Ill. Adm. Code 225 Control of Emissions From Large Combustion
Sources (Mercury), R06-25
(adopted rule December 21, 2006).
See
also
Environmental Register
Nos. 623 (May, 2006) at 4, and 630 (Dec. 2007) at 4-5.
ANR Pipeline
is likely the last action of its kind challenging Section 28.5, as the section by its
terms provides that it “is repealed on December 31, 2007”. 415 ILCS 5/28.5(b) 2006.
Environmental Register – January 2008
6
Board Actions
January 10, 2008
Chicago, Illinois
Rulemakings
R07-19
In the Matter of : Section 27 Proposed Rules for Nitrogen Oxide (NOx)
Emissions From Stationary Reciprocating Internal Combustion Engines
and Turbines: Amendments to 35 Ill. Adm. Code Parts 211 and 217 – The
Board granted the Illinois Environmental Protection Agency’s motion to
proceed with the amended proposal and to withdraw testimony submitted
in support of the original proposal on May 11, 2007. The hearing officer is
directed to proceed with hearing.
4-0
Air
R08-6
Definition of VOM Update, USEPA Amendments (January 1, 2007
through June 30, 2007) – The Board adopted a final opinion and order in
this “identical-in-substance” rulemaking to update the definition of
“volatile organic material” (VOM) in the Board’s air pollution regulations.
4-0
Air
R08-10
UST Update, USEPA Amendments (July 1, 2007 through December 31,
2007)
–
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.
Land
R08-11
Wastewater Pretreatment Update, USEPA Amendments (July 1, 2007
through December 31, 2007)
–
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.
Water
R08-12
Definition of VOM Update, USEPA Amendments (July 1, 2007 through
December 31, 2007)
–
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.
Air
R08-13
SDWA Update, USEPA Amendments (July 1, 2007 through December 31,
2007)
–
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.
Public
Water
Supply
R08-14
UIC Update, USEPA Amendments (July 1, 2007 through December 31,
2007)
–
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.
Land
R08-15
RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA
Amendments (July 1, 2007 through December 31, 2007)
–
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.
Land
Environmental Register – January 2008
7
R08-16
RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments
(July 1, 2007 through December 31, 2007)
–
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.
Land
Adjusted Standards
AS 08-5
In the Matter of: Petition of BFI Waste Systems of North America,
Inc. for Waste Delisting – The Board found that petitioner satisfied
jurisdictional requirement of providing notice of its petition for an
adjusted standard; granted the motion to file a reduced number of
copies.
4-0
Land
AS 08-6
In the Matter of: Petition of BioMedical Technology Solutions, Inc.
for an Adjusted Standard from 35 Ill. Adm. Code 1422 – The Board
granted the motion for leave to file
instanter
and accepted the amended
petition.
4-0
Land
Adjudicatory Cases
PCB 07-20
Atkinson Landfill Company v. The Village of Atkinson and The
Village Board of the Village of Atkinson – The Board granted parties’
motion to stay this matter until March 20, 2008.
4-0
Landfill
Siting
PCB 08-8
People of the State of Illinois v. Arona Corporation, d/b/a Aaron's
Sales & Lease Ownership – In this land and water enforcement action
concerning a Winnebago 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 $6,000, and to cease and desist from further
violations.
4-0
L,W-E
PCB 08-25
Peoria Disposal Company v. IEPA
– The Board affirmed the
August 30, 2007 Illinois Environmental Protection Agency’s denial of
petitioner’s application for Class 3 modification of its RCRA Part B
permit.
4-0
P-A, RCRA
PCB 08-33
Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C. v.
IEPA – The Board granted respondent’s motion for extension of time
to publish notice of variance petition.
4-0
W-V
PCB 08-38
Interstate Oil, Inc. v. IEPA
– The Board directed petitioner to file an
amended petition to cure noted deficiencies on or before February 13,
2008, or the petition would be subject to dismissal.
4-0
P-A, NPDES
PCB 08-39
Wauconda Community Unit School District #118 v. IEPA
– The
Board accepted for hearing this underground storage tank appeal
involving a Lake County facility.
4-0
P-A, UST
Environmental Register – January 2008
8
PCB 08-40
Illinois State Toll Highway authority (Belvidere Oasis – South Side) v.
IEPA – The Board accepted for hearing this underground storage tank
appeal involving a Boone County facility.
4-0
UST
Appeal
PCB 08-41
Illinois State Toll Highway authority (Belividere Oasis – South Side
CACR) v. IEPA – The Board accepted for hearing this underground
storage tank appeal involving a Boone County facility.
4-0
UST
Appeal
PCB 08-43
Moto, Inc. v. IEPA
– The Board granted this request for a 90-day
extension of time to file an underground storage appeal on behalf of
this Effingham County facility.
4-0
UST
90-Day
Extension
January 24, 2008
Chicago, Illinois
Rulemakings
R04-25
In the Matter of: Proposed Amendments to Dissolved Oxygen
Standard 35 Ill. Adm. Code 302.206 – The Board adopted a final
opinion and order in this rulemaking amending the Board’s general use
water quality standard for dissolved oxygen.
4-0
Water
R08-17
In the Matter of: Standards and Limitations for Organic Material
Emissions for Area Sources, Proposed New 35 Ill. Adm. Code Part
223 – The Board accepted for hearing the Illinois Environmental
Protection Agency’s January 2, 2008 proposal to amend the Board’s
air pollution control regulations for volatile organic material
emissions. The Board also granted the motion to file a limited number
of copies and accepted this matter for hearing.
4-0
Air
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 ordered
petitioner to file an amended petition to cure noted deficiencies, and
notice of newspaper publication of the filing of the amended petition,
on or before February 29, 2008, or the petition would be subject to
dismissal.
4-0
Ground Water
Environmental Register – January 2008
9
Administrative Citations
AC 05-72
IEPA v. Gary Clover, d/b/a Clover Concrete, Marion, IL
– The Board
entered a final opinion and order requiring respondent to pay hearing
costs of the Illinois Environmental Protection Agency and the Board in
the amount of $353.07 and a civil penalty of $4,500. This order
follows the Board's interim order of December 6, 2007, which found
that this respondent had violated Sections 21(p)(1), (3) and (4) of the
Environmental Protection Act. (415 ILCS 5/21(p)(1), (3), and (4)
(2006)).
4-0
AC 06-33
IEPA v. Johnny Kemper d/b/a Kemper Tree Service
– In response to a
joint stipulation and settlement agreement in this administrative
citation action involving an Edgar County facility, the Board found
that respondent violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2006)) and ordered him 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) (3) (2006).
4-0
AC 06-49
IEPA v. Michael Gruen and Jon Eric Gruen, d/b/a Jon's Tree Service
–
The Board entered an interim opinion and order finding respondent
violated Sections 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2006))
and assessing a penalty of $1,500. The Board ordered the Clerk of the
Board and the Illinois Environmental Protection Agency to file within
14 days a statement of hearing costs, supported by affidavit, with
service on respondent. Respondent may respond to the cost statement
within 14 days of service.
4-0
AC 08-10
IEPA v. Henry, Patty and Bradley Maynor – The Board
granted complainant’s motion for withdrawal of this
administrative citation and closed the docket.
4-0
Adjudicatory Cases
PCB 04-186
Waste Management of Illinois, Inc. v. County Board of Kankakee
County, Illinois – The Board affirmed the respondent’s decision to
deny siting for the landfill expansion proposed by Waste Management
of Illinois, Inc.
4-0
Siting Appeal
PCB 06-80
People of the State of Illinois v. Fulford Construction, 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 St. Clair County facility, the
Board ordered publication of the required newspaper notice.
4-0
W-E
PCB 06-163
The Theodore Kosloff Trust (As formed by the Irrevocable Agreement
of Trust of Theodore Kosloff, dated December 6, 1989, for Rachel
Kosloff and Abigail Kosloff, a Pennsylvania trust) v. A&B Wireform
Corporation – The Board granted the parties’ motion for voluntary
dismissal of this citizen enforcement action.
4-0
L-E
Environmental Register – January 2008
10
PCB 07-113
Rochelle Waste Disposal, L.L.C. v. The City of Rochelle, an Illinois
Municipal Corporation and The Rochelle City Council – The Board
affirmed special conditions 8, 13, 22, 23, 26, and 28, and, as requested,
modified conditions 33 and 34 of the sitting approval granted by the
City of Rochelle on April 11, 2007.
4-0
P-A, Land
PCB 07-125
Lowe Oil (Robert and Tony Thompson) v. IEPA
– The Board granted
this Alexander County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST Appeal
New Cases
January 10, 2008 Board Meeting
08-39
Wauconda Community Unit School District #118 v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Lake County facility.
08-40
Illinois State Toll Highway authority (Belvidere Oasis – South Side)
v. IEPA – The Board
accepted for hearing this underground storage tank appeal involving a Boone County facility.
08-41
Illinois State Toll Highway authority (Belividere Oasis – South Side CACR) v. IEPA
– The
Board accepted for hearing this underground storage tank appeal involving a Boone County
facility.
08-42
River Rescue v. IEPA and Peoria Disposal Company
– No action taken.
08-43
Moto, Inc. v. IEPA
– The Board granted this request for a 90-day extension of time to file
an underground storage appeal on behalf of this Effingham County facility.
R08-10
UST Update, USEPA Amendments (July 1, 2007 through December 31, 2007)
– 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.
R08-11
Wastewater Pretreatment Update, USEPA Amendments (July 1, 2007 through
December 31, 2007) – 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.
R08-12
Definition of VOM Update, USEPA Amendments (July 1, 2007 through December 31,
2007) – 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.
R08-13
SDWA Update, USEPA Amendments (July 1, 2007 through December 31, 2007)
– 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.
R08-14
UIC Update, USEPA Amendments (July 1, 2007 through December 31, 2007)
– 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.
R08-15
RCRA Subtitle D (Municipal Solid Waste Landfill) Update, USEPA Amendments (July
1, 2007 through December 31, 2007) – 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.
Environmental Register – January 2008
11
R08-16
RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (July 1, 2007
through December 31, 2007) – 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.
R08-17
In the Matter of: Standards and Limitations for Organic Material Emissions for Area
Sources, Proposed New 35 Ill. Adm. Code Part 223 – No action taken.
January 24, 2008 Board Meeting
AC 08-12
IEPA v. Norma Eddington and Cecil Eddington – The Board accepted an
administrative citation against these Tazewell County respondents.
Calendar
2/01/08
10:00 AM
R08-09
In the Matter of: Water Quality
Standards and Effluent Limitations
for the Chicago Area Waterway
System and Lower Des Plaines,
River: Proposed Amendments to 35
Ill. Adm. Code 301, 302, 303 and
304
James R. Thompson Center
100 West Randolph, Room 9-
040
Chicago
2/5/08
8:30 AM
PCB 04-
102
Noveon, Inc. (Emerald Prformance
Materials, L.L.C.) v. IEPA
Municipal Building Council
Chamber
426 E. Park Row
Henry
2/7/08
11:00
AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
2/21/08
11:00
AM
Illinois Pollution Control Board Meeting
Chicago/Springfield
James R. Thompson Center
Hearing Room 9-040
100 W. Randolph Street
Chicago
3/6/08
11:00
AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
3/07/08
1:00 pm
R08-08
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))
Libertyville Village Hall
Second Floor
118 W. Cook Street
Libertyville
Environmental Register – January 2008
12
3/10/08
10:00 AM
R08-09
In the Matter of: Water Quality
Standards and Effluent Limitations
for the Chicago Area Waterway
System and Lower Des Plaines,
River: Proposed Amendments to 35
Ill. Adm. Code 301, 302, 303 and
304
(Continues until complete or through
March 12, 2008)
Joliet Junior College
Smith Businss & Technology
Center
1215 Houbolt Road
Joliet
3/20/08
11:00
AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 09-040
100 W. Randolph Street
Chicago
Environmental Register – January 2008
13
Illinois Environmental Protection Agency
Division of Public Water Supplies
Restricted Status List - Public Water Supplies
JANUARY 2008
SYSTEM NAME
EPA
RGN
NATURE OF
PROBLEM
POP
SERVED
LISTING
DATE
ALTERNATIVE BEHAVIOR TREATMENT CENTER -
IL0977189
2
INADEQUATE PRESSURE
TANK
50
6/15/1988
ARLINGTON REHABILITATION LIVING CENTER -
IL0971110
2
INADEQUATE HYDRO
STORAGE
180
12/1/2003
ATHENS – IL1290050
5
INADEQUATE TREATMENT
CAPACITY
4350
10/1/2007
AURORA COMMUNITY WATER ASSN - IL0895750
2
INADEQUATE PRESSURE
TANK
150
12/16/1988
BAHL WATER CORP - IL0855200
1
INADEQUATE PRESSURE
TANK
700
12/15/1993
BALCITIS PUMP CORP - IL2015100
1
INADEQUATE STORAGE
150
1/1/2006
BRADLEY HEIGHTS SUBDIVISION - IL2015050
1
INADEQUATE PRESSURE
TANK
192
9/13/1985
BUCKINGHAM - IL0910250
2
INADEQUATE PRESSURE
TANK
340
3/17/1989
CARROLL HEIGHTS UTILITIES COMPANY - IL0155200
1
INADEQUATE PRESSURE
TANK
96
3/20/1981
CENTURY PINES APARTMENTS - IL0150020
1
INADEQUATE PRESSURE
TANK
50
12/14/1990
CHANDLERVILLE - IL0170200
5
INAD & UNAPPROVED
STORAGE
704
1/1/2006
CHESTERFIELD – IL1170200
5
TOTAL TRIHALOMETHANE
180
3/15/2007
COOKSVILLE - IL1130400
4
TTHM & HALOACIDIC
ACIDS
300
9/15/2005
COYNE CNTR COOP - IL1615150
1
INADEQUATE PRESSURE
TANK
150
12/15/1997
CROPSEY COMMUNITY WATER - IL1135150
4
INADEQUATE PRESSURE
TANK
31
3/20/1981
CRYSTAL CLEAR WATER COMPANY - IL1115150
2
INADEQUATE PRESSURE
TANK
885
9/16/1988
D L WELL OWNERS ASSOCIATION - IL0975380
2
INADEQUATE PRESSURE
TANK
141
3/18/1983
DE KALB UNIV DVL CORP - IL0375148
1
INADEQUATE PRESSURE
TANK
1050
12/16/1992
DEERING OAKS SUBDIVISION - IL1115200
2
INADEQUATE PRESSURE
TANK
60
12/17/1982
DOVER - IL0110350
1
INADEQUATE PRESSURE
TANK
169
5/25/1981
Environmental Register – January 2008
14
SYSTEM NAME
EPA
RGN
NATURE OF
PROBLEM
POP
SERVED
LISTING
DATE
EAST END WATER ASSOCIATION - IL1610140
1
INADEQUATE STORAGE
CAPACITY
40
3/15/2002
EAST MORELAND WATER CORPORATION - IL1975640
2
INADEQUATE PRESSURE
TANK
135
3/15/1996
EASTMORELAND WTR SERVICE ASSN - IL1975600
2
INADEQUATE PRESSURE
TANK
650
3/20/1981
EVERGREEN VILLAGE SUBDIVISION - IL1615310
1
INADEQUATE PRESSURE
TANK
130
3/20/1981
FAHNSTOCK COURT SUBDIVISION - IL1435200
5
INADEQUATE PRESSURE
TANK
35
5/25/1981
FAIR ACRES SUBDIVISION - IL1975680
2
INADEQUATE PRESSURE
TANK
156
10/19/1981
FOREST LAKE ADDITION - IL0975500
2
INADEQUATE PRESSURE
TANK
204
12/16/1983
FRWRD-SKYLINE PLANT - IL0895030
2
INADEQUATE PRESSURE
TANK
700
9/19/1986
GARDEN STREET IMPROVEMENT ASSOCIATION -
IL1975376
2
INADEQUATE PRESSURE
TANK
54
9/15/1989
GOOD SHEPHERD MANOR - IL0915189
2
INADEQUATE PRESSURE
TANK
25
3/17/1989
GREAT OAKS AND BEACON HILLS APARTMENTS -
IL2015488
1
INADEQUATE PRESSURE
TANK
2420
12/17/1982
HAWTHORN WOODS - IL0970450
2
INADEQUATE PRESSURE
TANK
672
3/15/1995
HEATHERFIELD SUBDIVISION - IL0635150
2
INADEQUATE PRESSURE
TANK
75
9/17/1982
HETTICK - IL1170500
5
TRIHALOMETHANE
182
6/15/2002
HIGHLAND SUBDIVISION - IL0895530
2
INADEQUATE PRESSURE
TANK
60
9/16/1983
HILLVIEW SUBDIVISION - IL1975800
2
INADEQUATE PRESSURE
TANK
100
3/15/1985
HOLY FAMILY VILLA - IL0310280
2
INADEQUATE PRESSURE
TANK
200
9/15/1999
INGALLS PARK SUBDIVISION - IL1975880
2
INADEQUATE PRESSURE
TANK
745
9/16/1983
LAKE LYNWOOD WATER SYSTEM - IL0735330
1
INADEQUATE PRESSURE
TANK
75
8/31/1981
LARCHMONT SUBDIVISION - IL2015290
1
INADEQUATE PRESSURE
TANK
64
6/17/1983
LARSON COURT APARTMENTS - IL1615728
1
INADEQUATE PRESSURE
TANK
58
1/14/1982
LEGEND LAKES WATER ASSOCIATION - IL2015300
1
INADEQUATE PRESSURE
TANK
283
3/14/1991
LIBERTY PARK HOMEOWNERS ASSOCIATION -
IL0435600
2
INADEQUATE PRESSURE
TANK
837
9/17/1992
Environmental Register – January 2008
15
SYSTEM NAME
EPA
RGN
NATURE OF
PROBLEM
POP
SERVED
LISTING
DATE
LINDENWOOD WATER ASSOCIATION - IL1415300
1
INADEQUATE PRESSURE
TANK
50
1/13/1982
LISBON NORTH, INC. - IL0631000
2
INADEQUATE PRESSURE
TANK
30
9/14/1990
LONDON MILLS - IL0574620
5
INADEQUATE PRESSURE
TANK
447
12/14/1984
LYNN CENTER - IL0735100
1
INADEQUATE PRESSURE
TANK
100
3/15/1995
LYNNWOOD WATER CORPORATION - IL0995336
1
INADEQUATE PRESSURE
TANK
110
3/18/1983
M C L W SYSTEM, INC. - IL1315150
1
INADEQUATE SOURCE
98
3/20/1981
MENARD RURAL WATER CO.
(SWEETWATER SYSTEM)-
IL1290010 5
INADEQUATE SOURCE
CAPACITY
490
10/1/2007
MOECHERVILLE WATER DISTRICT - IL0895300
2
INADEQUATE PRESSURE
TANK
975
3/20/1981
MOUND PWD - IL1635050
6
INADEQUATE PLANT
CAPACITY
2200
6/17/1996
NORTHWEST BELMONT IMPRV ASSN - IL0435900
2
INADEQUATE PRESSURE
TANK
78
9/29/1981
OAK RIDGE SD - IL2035300
1
INADEQUATE PRESSURE
TANK
240
3/20/1981
OLIVET NAZARENE UNIVERSITY - IL0915279
1
INADEQUATE PRESSURE
TANK
0
3/15/1994
OPHIEM PWS - IL0735150
1
INADEQUATE PRESSURE
TANK
100
6/18/1982
OSCO MUTUAL WATER SUPPLY COMPANY, INC. -
IL0735200
1
INADEQUATE PRESSURE
TANK
115
12/15/1989
PANAMA - IL0054720
6
TTHM, DBP, INAD
STORAGE
380
1/1/2006
PATOKA - IL1210400
6
INADEQUATE PLANT
CAPACITY
731
3/15/1997
POLO DR AND SADDLE RD SUBDIVISION - IL0437000
2
INADEQUATE PRESSURE
TANK
90
12/17/1982
PORTS SULLIVAN LAKE OWNERS ASSOCIATION -
IL0971160
2
INADEQUATE PRESSURE
TANK
293
6/15/1999
PRAIRIE RIDGE ASSOCIATION - IL1115730
2
INADEQUATE PRESSURE
TANK
130
10/1/2004
RIDGECREST NORTH SUBDIVISION - IL0635250
2
INADEQUATE PRESSURE
TANK
60
9/16/1993
RIDGEWOOD LEDGES WATER ASSOCIATION -
IL1615670
1
INADEQUATE PRESSURE
TANK
370
3/20/1981
RIDGEWOOD SUBDIVISION - IL1977650
2
INADEQUATE PRESSURE
TANK
250
6/18/1982
SHAWNITA TRC WATER ASSOCIATION - IL1977690
2
INADEQUATE PRESSURE
TANK
125
9/17/1992
SILVIS HEIGHTS WATER CORP - IL1615750
1
INADEQUATE HYDRO
STORAGE
1600
12/1/2003
Environmental Register – January 2008
16
SYSTEM NAME
EPA
RGN
NATURE OF
PROBLEM
POP
SERVED
LISTING
DATE
SKYVIEW SBDV - IL0915526
2
INADEQUATE PRESSURE
TANK
45
3/16/1990
ST CHARLES COMMSSION WELLFUND 3 - IL0437040
2
INADEQUATE PRESSURE
TANK
30
12/15/1989
STRATFORD WEST APARTMENTS - IL1095200
5
INADEQUATE PRESSURE
TANK
39
12/17/1982
SUBURBAN HEIGHTS SUBDIVISION - IL1615800
1
INADEQUATE PRESSURE
TANK
82
12/16/1983
SUMMIT HOMEOWNERS ASSOCIATION - IL0975280
2
INADEQUATE PRESSURE
TANK
39
3/16/1984
SUNNY HILL ESTATES SUBDIVISION - IL0735300
1
INADEQUATE PRESSURE
TANK
525
6/15/2000
SUNNYLAND SUBDIVISION - IL1977730
2
INADEQUATE PRESSURE
TANK
350
9/16/1983
SWEDONA WATER ASSOCIATION - IL1315200
1
INADEQUATE PRESSURE
TANK
157
6/15/1990
SYLVAN LAKE 1ST SUBDIVISION - IL0977100
2
INADEQUATE PRESSURE
TANK
210
6/14/1991
TOWNERS SUBDIVISION - IL0977250
2
INADEQUATE PRESSURE
TANK
210
1/14/1982
UTILITIES INC HOLIDAY HILLS - IL1115350
2
INADEQUATE PRESSURE
TANK
729
9/16/1983
UTL INC-LAKE HOLIDAY - IL0995200
1
INAD SOURCE &
TREATMENT PLT
5460
9/15/1998
UTL INC-NORTHERN HILLS UTLITIES COMPANY -
IL1775050
1
INADEQUATE PRESSURE
TANK
500
3/15/1996
UTL INC-WALK-UP WOODS WATER COMPANY -
IL1115800
2
INADEQUATE PRESSURE
TANK
654
12/17/1982
WEST SHORE PARK SUBDIVISION - IL0977370
2
INADEQUATE PRESSURE
TANK
528
6/15/2000
WEST SHORELAND SUBDIVISION - IL0977050
2
INADEQUATE PRESSURE
TANK
189
6/14/1991
WIENEN ESTATES - IL0850030
1
INADEQUATE PRESSURE
TANK
70
12/15/1997
WONDER LAKE WATER COMPANY - IL1115750
2
INADEQUATE PRESSURE
TANK
1442
6/16/1994
YORK CENTER COOP - IL0437550
2
INADEQUATE PRESSURE
TANK
240
6/15/1988
WATER SYSTEMS REMOVED FROM PREVIOUS LIST
EATON PWD – IL0335100
KIRK WATER LINE INC. – IL0330030
* DENOTES ADDED WATER SUPPLIES
Environmental Register – January 2008
17
Illinois Environmental Protection Agency
Division of Public Water Supplies
Critical Review List - Public Water Supplies
JANUARY 2008
SYSTEM NAME DATE
EPA
LISTING
RGN
NATURE OF
PROBLEM
POP SERVED
LISTING
DATE
ANDALUSIA - IL1610050
1
INADEQUATE
PRESSURE TANK
1050
12/1/2003
ARENZVILLE - IL0170050
5
INADEQUATE
PRESSURE TANK
408
3/14/2001
BEASON CHESTNUT PWD - IL1075150
5
INAD PLANT &
SOURCE CAP
600
6/15/2004
BROWNING - IL1690050
5
INADEQUATE
SOURCE CAPACITY
175
3/15/1998
CANTON – IL0570250
5
INSUFFICIENT
TREATMENT
CAPACITY
13932
3/15/2007
CASEYVILLE - IL1630250
6
INADEQUATE
STORAGE
9900
10/1/2004
CEDARVILLE - IL1770050
1
EMERGENCY POWER
800
1/1/2006
* COLLINSVILLE – IL1194280
6
INADEQUATE
STORAGE
29500
1/1/2008
COLUMBIA - IL1330050
6
INADEQUATE
PUMPING CAPACITY
8365
3/15/1998
CROPPERS 1ST 4TH AND 5TH ADDITION -
IL1615250
1
UNDERSIZED
WATERMAINS
650
1/1/2006
DE PUE - IL0110300
1
INADEQUATE
TREATMENT PLANT
1729
12/15/1993
EFFINGHAM – IL0490250
4
INADEQUATE
DISINFECTION
12384
7/1/2006
ELIZABETH - IL0850150
1
LOW SYSTEM
PRESSURE
682
6/15/1999
ELLIS GROVE – IL1570200
6
INSUFFICIENT
STORAGE CAPACITY
720
10/1/2007
EXETER-MERRITT WATER COOP - IL1710010
5
INADEQUATE
PRESSURE TANK
428
10/1/2004
GALENA - IL0850200
1
LOW SYSTEM
PRESSURE
3640
6/15/1999
GRIGGSVILLE – IL1490300
5
INADEQUATE
TREATMENT PLANT
CAPACITY
1259
10/1/2006
HAMEL - IL1190450
6
INADEQUATE
STORAGE CAPACITY
650
1/1/2006
Environmental Register – January 2008
18
HOLIDAY SHORES SD - IL1195110
6
INADEQUATE
STORAGE CAPACITY
3192
1/1/2006
JOY - IL1310100
1
LOW SYSTEM
PRESSURE
373
6/15/1999
LA MOILLE - IL0110500
1
INADEQUATE PLANT
CAPACITY
750
6/15/1999
LA SALLE - IL0990300
1
INAD PLANT &
SOURCE CAPACITY
9700
11/1/2004
LACON - IL1230100
1
UNDERSIZED
WATERMAINS
1979
1/1/2006
LEE - IL1034600
1
INADEQUATE
PRESSURE TANK
350
10/1/2004
MALDEN - IL0110550
1
UNDERSIZED
WATERMAINS
370
1/1/2006
MARION - IL1990550
7
INADEQUATE
SOURCE CAPACITY
14610
11/1/2001
MASON CITY - IL1250350
5
INADEQUATE
STORAGE CAPACITY
2558
1/1/2006
MATHERSVILLE - IL1310200
1
INADEQUATE SYSTEM
PRESSURE
793
9/13/2000
MC HENRY SHORES WATER COMPANY -
IL1115020
2
LOW SYSTEM
PRESSURE
1813
9/17/1992
MECHANICSBURG-BUFFALO WTR CMSN -
IL1675150
5
INADEQUATE
SOURCE CAPACITY
1350
3/15/1998
O’FALLON – IL1970050
2
INADEQUATE
STORAGE CAPACITY
43596
10/1/2006
OTTER CREEK LAKE UTILITIES DISTRICT -
IL2015320
1
INADEQUATE
STORAGE CAPACITY
2753
1/1/2006
OTTER LAKE WTR CMSN ADGPTV – IL1175200
5
INADEQUATE PLANT
CAPACITY
1251
7/1/2006
SCALES MOUND - IL0850400
1
LOW SYSTEM
PRESSURE
400
9/15/1997
SENECA - IL0991050
1
INADEQUATE PLANT
CAPACITY AND
UNDERSIZED
WATERMAINS
2053
6/15/1999
SOUTH HIGHWAY PWD - IL0775400
7
LOW SYSTEM
PRESSURE &
UNDERSIZED
WATERMAINS
8420
1/1/2006
STOCKTON - IL0850450
1
LOW SYSTEM
PRESSURE
1871
6/15/1984
SUMNER - IL1010300
7
LOW SYSTEM
PRESSURE
1481
12/13/1985
UTL INC-LAKE MARIAN WATER CORPORATION
- IL0895200
2
INAD PRES STORAGE
& LOW SYS PRES
924
9/14/1984
WALNUT HILL - IL1210600
6
LOW SYSTEM
PRESSURE
1470
6/14/1985
WATERLOO - IL1330300
6
INADEQUATE
STORAGE
7614
10/1/2004
Environmental Register – January 2008
19
WORDEN - IL1191200
6
INADEQUATE
STORAGE CAPACITY
906
1/1/2006
WATER SYSTEMS REMOVED FROM PREVIOUS LIST
* DENOTES ADDED WATER SUPPLIES
Restricted Status/Critical Review
The Environmental Protection Act prohibits the Agency from issuing a construction permit
that will cause or extend a violation. A construction permit to expand the distribution
system cannot be granted when a water supply has a maximum contaminant level or
treatment technique violation, an inadequate source of raw water supply, inadequate
treatment plant capacity, finished water storage or distribution system pressure. A
Restricted Status List is published quarterly in the Illinois Pollution Control Board
Environmental Register to notify those persons considering expansion of a water supply
distribution system of that status before large sums of money have been spent on items
such as land acquisition, financing and engineering fees. A companion Critical Review List is
published concurrently with the Restricted Status List and has the water supplies that are
approaching a point where the supply could be placed on Restricted Status. A permit
application from a supply on Critical Review will be examined carefully to ensure that the
proposed construction will not cause a violation. Restricted Status and Critical Review are
presented as a combined list with the status of the water supply denoted as either RS
(Restricted Status) or CR (Critical Review). The current list reflects the status as of January
1, 2006. An asterisk, * , beside the water supply indicates public water supplies that have
been added to the Restricted Status/Critical Review list since the previous publication.
Restricted Status List
The Restricted Status List was developed to give additional notification to officials of public
water supplies which are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies,
Chapter I or the Illinois Environmental Protection Act.
The Restricted Status List will include all Public Water Supplies for which the Agency has
information indicating a violation of any of the following requirements: Finished water
quality requirements of 35 Ill. Adm. Code, Part 604, Subparts B and C; maintenance of
adequate pressure on all parts of the distribution system under all conditions of demand;
meeting raw water quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of
treatment facilities capable of providing water "assuredly adequate in quantity" as required
by Section 18 of the Illinois Environmental Protection Act.
A public water supply on the Restricted Status List will not be issued permits for water main
extensions, except for certain limited situations, or unless the supply has been granted a
variance from the Illinois Pollution Control Board for the violation, or from permit issuance
requirements of Section 39 of the Act.
This list is continually being revised as new information becomes available, and therefore,
specific inquiries as to the status of any public water supply should be directed to the
Division of Public Water Supplies for final determination.
Critical Review List
The Critical Review List was developed to give additional notification to officials of public
water supplies which may be close to being in violation of 35 Ill. Adm. Code, Subtitle F:
Public Water Supplies, Chapter I or the Illinois Environmental Protection Act.
A supply will be placed on the Critical Review List when Agency records indicate that it is
approaching any of the violations that would place it on the Restricted Status List.
This list is continually being revised as new information becomes available, and therefore,
specific inquiries as to the status of any public water supply should be directed to the
Division of Public Water Supplies for final determination.
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Environmental Register Comment Card
The Illinois Pollution Control Board is an independent five-member board
that adopts environmental control standards, rules on enforcement actions,
and other environmental disputes for the State of Illinois.
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.
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Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
