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
During February, the Board moved forward in several rulemaking dockets and
received a new rulemaking proposal. Below, I’ve summarized that new proposal
plus three other dockets that have generated significant interest and will have Board
hearings this spring. As always, 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 February 19, 2008, the Illinois Environmental Protection Agency (IEPA) filed a
new rulemaking proposal, which the Board docketed as In the Matter of: Proposed
Amendments to Groundwater Quality Standards 35 Ill. Adm. Code 620 (R08-18).
IEPA proposes to change the Groundwater Quality Standards to account for new
scientific data, reflect federal amendments, update technical references, and address
additional groundwater parameters. When hearings are scheduled, the dates and
locations will be listed on the Board’s website.
On January 10, 2008, the Board granted IEPA’s motion to proceed with an amended
proposal to control nitrogen oxide (NO
x
) emissions docketed as In the Matter of: 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. Hearings on the amended proposal will begin Wednesday,
April 9, 2008 at the Madison County Administration Building in Edwardsville and Wednesday, May 7, 2008 at the
James R. Thompson Center in Chicago. More information about matters including deadlines for pre-filing hearing
testimony is available under this docket number through COOL.
The Board has now held five days of hearing on a 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 proposal from IEPA amends the Board’s
rules for Secondary Contact and Indigenous Aquatic Life Uses. The Board will continue to hear testimony from the
IEPA during a hearing at Joliet Junior College beginning March 10th, 2008, and continuing until March 12, 2008, or
until the IEPA’s testimony is complete. Additional hearings will be set at a later date to allow for testimony of other
participants.
On January 2, 2008, IEPA filed a rulemaking proposal to reduce volatile Organic material (VOM) emissions from
various consumer products, architectural and industrial maintenance products, and aerosol coatings. The Board
docketed that proposal as In the Matter of: Standards and Limitations for Organic Material Emissions for Area
Sources Proposed New 35 Ill. Adm. Code Part 223. Hearings on the proposal will begin Wednesday, April 30,
2008, in Springfield and Wednesday, June 4, 2008, at the James R. Thompson Center in Chicago. More information
about this rulemaking, including deadlines for pre-filing hearing testimony, is available under this docket number
through COOL on the Board’s website at www.ipcb.state.il.us
.
Sincerely,
Dr. G. Tanner Girard
Environmental Register – February 2008
1
Inside This Issue:
FEDERAL UPDATE
P. 1
APPELLATE UPDATE
P. 2
BOARD ACTIONS
P. 4
NEW CASES
P. 7
PROVISIONAL VARIANCES
P. 7
BOARD CALENDAR
P. 8
RESTRICTED STATUS/CRITICAL REVIEW
P. 9
Back to top
Federal Update
United States Environmental Protection Agency Publishes Notice of Adequacy of the Metro-East St. Louis 8-
Hour Ozone Attainment Demonstration and State Implementation Plan for Transportation Conformity
Purposes Under the Clean Air Act
On February 5, 2008 (73 Fed. Reg. 6719) the United States Environmental Protection Agency (USEPA) published a
notice that found that the motor vehicle emissions budgets (MVEBs) for 8-hour ozone in Metro-East St. Louis
(Madison, Monroe, St. Clair, and Jersey Counties), Illinois, are adequate for conformity purposes. As a result of this
finding, Metro-East St. Louis must use the MVEBs from the 8-hour ozone attainment demonstration and state
implementation plan (SIP) submitted on July 2, 2007, for future conformity determinations.
This finding is effective February 20, 2008.
For further information contact Anthony Maietta, Life Scientist, Criteria Pollutant Section (AR-18J), Air Programs
Branch, Air and Radiation Division, United States Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777, email address: Maietta.anthony@epa.gov
.
United States Environmental Protection Agency Adopts National Emission Standards for Hazardous Air
Pollutants (NESHAP) for iron and steel foundries Under the Clean Air Act
On February 7, 2008 (73 Fed. Reg. 7210) the United States Environmental Protection Agency (USEPA) adopted
amendments to the national emission standards for hazardous air pollutants (NESHAP) for iron and steel foundries.
These final amendments add alternative compliance options for cupolas at existing foundries and clarify several
provisions to increase operational flexibility and improve understanding of the final rule requirements.
These final amendments are effective on February 7, 2008.
For further information contact Mr. Phil Mulrine, 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) 541-5289; fax number: (919) 541-3207; e-mail address: mulrine.phil@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 Withdraws Direct Final Rule Approving Revisions to the
Illinois Emission Reduction Market System, But Contemporaneous Proposed Rule Remains Pending
On February 29, 2008 (73 Fed. Reg. 11042) the United States Environmental Protection Agency (USEPA) withdrew
the January 30, 2008 (73 Fed. Reg. 5435) direct final rule approving revisions to the State of Illinois' rules for its
Emission Reduction Market System (ERMS). (The Board adopted these revisions in Amendments to Emissions
Reduction Market System, 35 Ill. Adm. Code 205 and 211, R05-11 (June 2, 2005).)
In it notice of withdrawal of the direct final rule, USEPA stated that in its January 30,2008 notice it had commented
on statements in, and implications of, a memorandum from Robert Meyers, Principal Deputy Assistant Administrator
for Air and Radiation, to USEPA's Regional Administrators dated October 3, 2007. (The rule gave an incorrect date
of October 7, 2007.) The memorandum addresses the status of new source review criteria for ozone nonattainment
Environmental Register – February 2008
2
areas based on a decision by the Court of Appeals for the DC Circuit in the case of South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). In commenting upon the memorandum of Robert Meyers
in the direct final rule of January 30, 2008, USEPA Region 5 unintentionally addressed an issue of national policy.
USEPA stated that, as the issue is one of national policy the implications of the Court ruling should only be
addressed in national guidance and rulemaking.
USEPA pointed out that its rationale for proposing to approve the ERMS rule revisions did not rely on the
observations of the national policy, and so the soundness of USEPA's proposal was not affected. Therefore, USEPA
stated that it would withdraw the January 30, 2008, direct final rule, but announced that the associated proposed rule
will stand as a proposed rule. (
See
73 Fed. Reg. 5471). USEPA will publish a revised final rule after considering
any comments that it may receive, and will not institute a second comment period on this action.
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
.
Appellate Update
First District Affirms Board Ruling and Interpretation of Underground Storage Tank Rules in FedEx
Ground Package System, Inc. v. Illinois Pollution Control Board and Illinois Environmental Protection
Agency, No. 1-07-0236 (1st Dist. Feb. 22, 2008); PCB 07-12 (Dec. 21, 2006) (affirming Board order in PCB 07-
12 (Dec. 21, 2006)
On February 22, 2008, the First District Appellate Court issued a seven-page order under Supreme Court Rule 23
(155 Ill.2d R. 23) affirming the Board in an appeal of an underground storage tank (UST) determination. First
District Affirms Board Ruling and Interpretation of Underground Storage Tank Rules in FedEx Ground Package
System, Inc. v. Illinois Pollution Control Board and Illinois Environmental Protection Agency, No. 1-07-0236 (1st
Dist. Feb. 22, 2008) (hereinafter FedEx (1st Dist.)). In the case before it, the Board had granted a motion for
summary judgment filed by the Illinois Environmental Protection Agency (IEPA) and affirmed the IEPA’s
determination rejecting an amended remediation budget requested after issuance of a “No Further Remediation”
(NFR) letter. FedEx Ground Package System, Inc. v. Illinois Environmental Protection Agency, PCB 07-12 (Dec.
21, 2006) (hereinafter FedEx, PCB 07-12).
The court’s order is a non-precedential one issued under Supreme Court Rule 23 (155 Ill.2d R. 23). The Board is
considering requesting the court to publish the order.
Below is a summary of the First District’s FedEx order, which draws heavily from the Board’s reasoning. That
summary is preceded by brief background on the Board’s decision. Reasons for a publication request are discussed
last.
BOARD DECISION:
FedEx, PCB 07-12
FedEx Ground Package System, Inc. (FedEx), in a petition filed August 21, 2006, sought the Board’s review of a
July 17, 2006 IEPA determination rejecting an amended remediation budget for FedEx’s underground storage tank
site in Bedford Park, Cook County. On April 3, 2003, FedEx reported a leak from an underground storage tank at its
site. FedEx took corrective action at the site, and received reimbursement from the UST Fund. On April 21, 2006,
the IEPA received from FedEx a Corrective Action Completion Report (CACR), an engineer’s certification, and an
NFR letter. Under Section 57.10(c)(1) of the Environmental Protection Act (Act), 415 ILCS 5/57.10(c)(1) (2006),
the NFR letter's issuance signifies that all statutory and regulatory requirements for remediation, and the planning
and budgeting submissions therefore, have been met and that such activities are complete.
See also
35 Ill. Adm.
Code 734.710(d)(1). In a letter dated May 10, 2006, the IEPA acknowledged receiving FedEx’s CACR and granted
FedEx’s request for an NFR letter On May 17, 2006, FedEx recorded the NFR letter with the Cook County Recorder
of Deeds. FedEx, PCB 07-12 (slip op at 2-3).
On May 30, 2006, FedEx submitted a proposed budget amendment and claim for reimbursement to the IEPA. The
proposed amended budget sought approval of additional costs in the amount of $72,878.75; because FedEx had
spent less than the originally budgeted amount on some of its costs, FedEx sought reimbursement of $39,122.55 in
addition to the original budget amount of $333,980.67. In a cover letter, FedEx’s consultant stated that it submitted
the amended budget “to cover costs for removal of the 15,000-gallon diesel fuel underground storage tank,
demolition and removal of a canopy, asphalt pavement of the excavated areas, abandonment of existing monitoring
Environmental Register – February 2008
3
wells and recording of the No Further Remediation Letter.” FedEx, PCB 07-12 (slip op at 2-3). In a letter dated
June 21, 2006, the IEPA rejected FedEx’s proposed amended budget.
In a letter dated July 3, 2006, MACTEC Engineering and Consulting, Inc., an environmental consultant retained by
FedEx, requested that the IEPA review and approve FedEx’s amended budget. In a letter dated July 17, 2006, the
IEPA rejected FedEx’s proposed amended budget. As its basis for doing so, the IEPA again stated that:
[t]he budget was submitted after the issuance of a No Further Remediation Letter. Pursuant to 35
Ill. Adm. Code 734.335(d), any corrective action plan or budget must be submitted to the Illinois
EPA for review and approval, rejection, or modification in accordance with the procedures
contained in Subpart E of 35 Ill. Adm. Code 734 prior to the issuance of a No Further Remediation
Letter. FedEx, PCB 07-12 (slip op at 3-4).
Section 734.335(d) provides that “[n]otwithstanding” the general requirements that plans and budgets be submitted
for approval before work is performed or costs are incurred, an owner or operator can proceed to conduct corrective
action prior to the submittal or approval of an otherwise required corrective action plan or budget. “However, any
such plan and budget must be submitted to the Agency . . . prior to . . . the issuance of a No Further Remediation
Letter.” 35 Ill. Adm. Code 734.335(d). Subsection (e) of Section 734.335 requires amendments to plans or budgets
in specified circumstances:
If, following approval of any corrective action plan or associated budget, an owner or operator
determines that a revised plan or budget is necessary in order to mitigate any threat to human
health, human safety, or the environment resulting from the underground storage tank release, the
owner or operator must submit, as applicable, an amended corrective action plan or associated
budget to the Agency for review. 35 Ill. Adm. Code 734.335(d).
The Board affirmed the IEPA amended budget disapproval, ruling on cross motions for summary judgment. The
Board found that subsection (d) applies not only to those who proceed with no approved plan or budget at all, but
also to those who go beyond the scope of an approved plan or who incur costs that go beyond the approved
corrective action budget, necessitating an amendment. In this case, FedEx proceeded under subsection (d) by
incurring costs beyond amounts contained in its approved budget without first receiving IEPA approval of an
amended budget. The Board held therefore that under subsection (d), for the IEPA to review a proposed budget
amendment, the amendment must be submitted before the IEPA issues the NFR letter. FedEx, PCB 07-12 (slip op.
at 18-19)
The Section 734.335(d) requirement of plan and budget submittal before NFR letter issuance reflects the finality and
practical import that the General Assembly placed on the IEPA's issuance of the NFR letter.
APPELLATE COURT DECISION:
FedEx (1st Dist.)
The appellate court’s factual recitation is essentially the same as summarized above, and there was no dispute over
the relevant facts. FedEx (1st Dist.), slip op at 2-3. The court reviewed
de novo
the Board's rulings on questions of
law. The court added, however, that "a reviewing court should afford substantial deference to the agency's
determination of a statute which the agency administers and enforces."
Id.
at 3.
FedEx made two arguments on appeal. First, FedEx argued that the Board’s UST rules contradict the Act because
Section 57.8 of the Act (415 ILCS 5/57.8 (2006)) provides a statutory right to UST Fund reimbursement for
successful corrective action. FedEx (1st Dist.), slip op at 4-5. The court initially noted that the Act (415 ILCS
5/57.14A (2006)) required the Board to adopt rules governing the administration of the Fund, which Fund "does not
have a broad remedial purpose, presumably due to its limited resources." FedEx (1st Dist.), slip op at 5, citing
Strube v. Illinois Pollution Control Board, 242 111. App. 3d 822, 826 (3rd Dist. 1993). Accordingly, the court
continued, "the rules and regulations administering it are not to be taken lightly and should not be ignored."
Id.
The court then found Section 734.335(d) reasonable and not in conflict with the Act, stating:
We do not find that imposing a regulation requiring budgets and plans to be submitted before an
NFR letter is granted to be unduly restrictive or contrary to the purpose and language of the Act.
The NFR letter signifies that no further steps need to be taken to correct the leaking storage tanks,
and that the matter is essentially outside the scope of the Act, and therefore the Fund. Without
such a regulation, budgets and plans for corrective actions taken in excess of the requirements set
forth by the act could be submitted indefinitely for whatever costs incurred, possibly even for
Environmental Register – February 2008
4
measures that may have been taken unnecessarily. Accordingly, although there exists a statutory
right to reimbursement from the Fund, we do not find that this right is unlimited. Furthermore, we
do not find that section 734.335(d) of the Illinois Administrative Code is contrary to the purpose
and language of the Act, and is a reasonable and enforceable regulation limiting the statutory right
to reimbursement from the fund." FedEx (1st Dist.), slip op at 5.
FedEx alternatively argued that Section 734.335(d) simply did not apply in this case because FedEx already had an
approved plan and budget. FedEx (1st Dist.), slip op at 5-6. The court, "after a careful reading of the relevant
sections," disagreed.
Id.
at 6. The court found that subsection (d) is not limited solely to instances where corrective
action precedes the submittal of a plan or budget. Rather, the subsection applies to "those who proceed not only with
no budget or plan," but also to those who "go beyond the scope of an approved plan or budget."
Id.
The court
added:
“Furthermore, section 734.335(e) allows amendments to plans or budgets when revised procedures or cost
estimates are necessary. Because of this, it is logical to see that section 734.335(d) is a necessary limitation
specifying that plan or budget changes, or essentially the creation of a new plan or budget, should be
submitted prior to the issuance of a NFR letter.”
Id.
MOTION TO PUBLISH
The FedEx (1st Dist.) ruling is the first appellate ruling on the post-NFR budget amendment issue. But, the Board
has also ruled on the same legal issue, but arising under Section 732.405(d) of the Board’s UST regulations rather
than under 734.335(e). Compare 35 Ill. Adm. Code 732.405, addressing releases reported between September 23,
1994 and June 23, 2002, with 35 Ill. Adm. Code 734.335 of the Board’s underground storage tank regulations,
addressing releases reported on or after June 24, 2002. The Board held in the Part 732 cases, as it did in the Part
734 FedEx, PCB 07-12 case, that for the IEPA to review a proposed budget amendment, the amendment must be
submitted before the IEPA issues the NFR letter. Broadus Oil v. IEPA, PCB 04-31 and PCB 05-43 (cons.)
(December 21, 2006), Village of Wilmette. IEPA, PCB 07-27 (July 12, 2007), and Village of Wilmettev. IEPA,
PCB 07-48 (July 26, 2007). A consolidated appeal of the latter two cases is pending in the First District. Village of
Wilmette v. Illinois Pollution Control Board and Illinois Environmental Protection Agency, No. 1-07-2265, 1-07-
2439 (cons.) (1st Dist.).
As previously stated, the FedEx (1st Dist.) order is a non-precedential one issued under Supreme Court Rule 23 (155
Ill.2d R. 23). Publication of FedEx (1st Dist.) as an opinion on the post-NFR budget amendment issue would serve
as helpful precedent in the Wilmette appeal.
Board Actions
February 7, 2008
Chicago, Illinois
Rulemakings
R08-9
In The Matter of: Water Quality Standards and Effluent Limitations for the
Chicago Area Waterway System and the Lower Des Plaines River: Proposed
Amendments to 35 Ill. Adm. Code 301, 302, 303 and 304 – Upon motion, the
Board granted Kristy A.N. Bulleit and Brent Fewell leave to appear
pro hac
vice
on behalf of Midwest Generation EME, LLC.
4-0
Water
Environmental Register – February 2008
5
Adjudicatory Cases
PCB 04-102
Emerald Performance Materials, L.L.C (as purchaser of Noveon, Inc.) v. IEPA
– The Board granted petitioner’s motion to change name from “Noveon” to
“Emerald Performance Materials, L.L.C and to voluntarily dismiss objections
1, 2, 5, and 6. The Board will address issues 3 and 4 after close of briefing
schedule.
4-0
P-A, Air
PCB 05-164
Rohm and Haas Company v. IEPA. – The Board granted this Kankakee
County facility’s motion for voluntary dismissal of this permit appeal.
4-0
P-A, Air
PCB 06-177
People of the State of Illinois v. Sheridan Sand & Gravel Co. – 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 LaSalle County facility, the Board ordered publication of the
required newspaper notice.
4-0
L-E
PCB 07-76
2F, Inc. v. IEPA – The Board granted this Saline County facility’s motion for
voluntary dismissal of this underground storage tank appeal.
4-0
UST
Appeal
PCB 07-82
Bob's Service Center, Inc. v. IEPA – The Board granted this St. Clair County
facility’s motion for voluntary dismissal of this underground storage tank
appeal.
4-0
UST
Appeal
PCB 07-128
Jahraus Oil Company, Inc. v IEPA – The Board granted this Marion County
facility’s motion for voluntary dismissal of this underground storage tank
appeal.
4-0
UST
Appeal
PCB 07-130
Gallaher's Shell v. IEPA – The Board granted this Hancock County facility’s
motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST
Appeal
PCB 08-35
Estate of William Eggert v. IEPA – The Board granted respondent’s motion for
dismissal of this underground storage tank appeal involving a Hancock County
facility.
UST
Appeal
February 21, 2008
Chicago, Illinois
Adjusted Standards
AS 07-3
In the Matter of: Petition of Midwest Generation, LLC, Waukegan Generating
Station for an Adjusted Standard from 35 Ill. Adm. Code 225.230 – The Board
granted Environmental Law & Policy Center’s motion to withdraw the
December 6, 2007 motion to intervene and denied petitioner’s motion to strike.
The Board also granted petitioner’s motion to file a reply and directed
petitioner to file a response to the renewed motion to intervene by March 6,
2008. The Board will consider the Illinois Environmental Protection Agency’s
response along with petitioner’s response when ruling on the renewed motion
to intervene.
4-0
Air
AS 07-4
In the Matter of: Petition of Midwest Generation, LLC, Will County
Generating Station for an Adjusted Standard from 35 Ill. Adm. Code 225.230 –
The Board granted Environmental Law & Policy Center’s motion to withdraw
the December 6, 2007 motion to intervene and denied petitioner’s motion to
strike. The Board also granted petitioner’s motion to file a reply and directed
petitioner to file a response to the renewed motion to intervene by March 6,
4-0
Air
Environmental Register – February 2008
6
2008. The Board will consider the Illinois Environmental Protection Agency’s
response along with petitioner’s response when ruling on the renewed motion
to intervene.
AS 08-2
In the Matter of: Petition of Stericycle, Inc. for an Adjusted Standard from 35
Ill. Adm. Code 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 accepted petitioner’s amended petition, noting hearing
was wavied.
4-0
PIMW
AS 08-7
In the Matter of: Petition of the City of Chicago Heights for an Adjusted
Standard From 35 IAC 810.103, 814.102 and 814.501(c) – The Board
dismissed this petition for an adjusted standard for petitioner’s failure to timely
publish notice of the filing of the petition by advertisement in a newspaper of
general circulation in the area likely to be affected, as required by Section 28.1
of the Environmental Protection Act (415 ILCS 5/28.1(d)(1) (2006)). The
Board also identified other petition deficiencies.
4-0
Land
Administrative Citations
AC 07-43
County of Jackson v. Bob Osinga – The Board entered a final opinion and
order requiring respondent to pay hearing costs of the Board in the amount of
$165.30 and a civil penalty of $3,000. This order follows the Board's interim
order of December 6, 2007, which found that this respondent had violated
Sections 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)).
4-0
Adjudicatory Cases
PCB 06-80
People of the State of Illinois v. Fulford Construction, Inc. – In this water
enforcement action concerning a St. Clair 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
$2,000.00, and to cease and desist from further violations.
4-0
W– E
PCB 06-173
People of the State of Illinois v. First Country Homes, L.L.C., – Upon receipt
of a proposed stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this water enforcement action
involving a Will County facility, the Board ordered publication of the required
newspaper notice.
4-0
W-E
PCB 07-84
American Bottom Conservancy and Sierra Club v. City of Madison, Illinois
and Waste Management of Illinois, Inc. – The Board denied petitioners’
motion to reconsider the December 6, 2007 Board Order which affirmed the
decision of the City of Madison approving Waste Management of Illinois’
application to site the “North Milan” landfill expansion.
4-0
L-S-R
PCB 08-33
Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C. v. IEPA –
The Board granted petitioner’s motion to incorporate the record in PCB 05-85
and accepted the amended petition, restarting the decision time clock.
4-0
W-V
PCB 08-38
Interstate Oil, Inc. v. IEPA – The Board dismissed this petition for review as
untimely filed.
4-0
P-A,
Water
Environmental Register – February 2008
7
PCB 08-42
Tom Edwards/River Rescue v. IEPA and Peoria Disposal Company – The
Board denied each respondent’s motion to dismiss. The Board ordered
petitioner to file an amended petition to cure noted deficiencies, on or before
March 3, 2008, or the petition would be subject to dismissal.
4-0
P-A,
RCRA
PCB 08-44
People of the State of Illinois v. Prairie Material Sales, Inc., – The Board
accepted for hearing this water enforcement action involving a site located in
DuPage County.
4-0
W-E
PCB 08-45
People of the State of Illinois v. Distinctive Homes, Ltd. and Distinctive
Companies, Ltd – The Board accepted for hearing this water enforcement
action involving a site located in Cook County.
4-0
W-E
New Cases
February 7, 2008 Board Meeting
AC 08-13
County of DuPage v. Margarita Sotelo – The Board accepted an administrative citation against this
DuPage County respondent.
AC 08-14
County of DuPage v.Nicolas Cruz – The Board accepted an administrative citation against this
DuPage County respondent.
AC 08-15
County of DuPage v.Jamal Abro – The Board accepted an administrative citation against this
DuPage County respondent.
AC 08-16
IEPA v. Gene Greeden – The Board accepted an administrative citation against this Iroquois County
respondent.
February 21, 2008 Board Meeting
08-44
People of the State of Illinois v. Prairie Material Sales, Inc., – The Board accepted for hearing this water
enforcement action involving a site located in DuPage County.
08-45
People of the State of Illinois v. Distinctive Homes, Ltd. and Distinctive Companies, Ltd – The Board
accepted for hearing this water enforcement action involving a site located in Cook County.
Provisional Variances
IEPA 08-06 WRB Refining LLC Wood River Refinery v. IEPA
– On January 18, 2008, the Illinois
Environmental Protection Agency accepted WRB Refining LLC’s request for provisional variance to allow the
shutdown of the flare gas recovery compressor (FGRC) for the Distilling Flare at its Wood River Refinery. The
shutdown of the FGRC may result in an exceedance of sulfur dioxide emission rates contained in 35 Ill. Adm. Code
214.301 and condition 7.7.3(g) Clean Air Act Permit Program operating permit No.95120306, issued November 7,
2003. The relief is granted until such time as maintenance to the Distilling Flare FGRC is completed, or through
January 31, 2008, whichever occurs first. However, in no case may the period of the shutdown of the FGRC, or the
relief granted by this provisional variance, exceed five days.
IEPA 08-07 Landmark Aviation v. IEPA
– On February 8, 2008, the Illinois Environmental Protection Agency
granted Landmark Aviation’s request for a 30-day provisional variance from hazardous waste storage time
limitations pursuant to 35 Ill. Adm. Code 722.134(b). Landmark Aviation had scheduled a hazardous waste
transporter to remove a hazardous waste roll-off container from its facility at 1200 North Airport Driver in
Springfield on February 5, 2008. But the Landmark employee that typically signs documents concerning such
shipments experienced a family emergency and was unable to be present when the transporter arrived. The
applicable storage deadline for the container is February 8, 2008, but the transporter cannot return to the facility until
the week of February 18, 2008.
Environmental Register – February 2008
8
IEPA 08-08 Caveout Remediation Site Participant Group v. IEPA
– On February 14, 2008, the Illinois
Environmental Protection Agency granted Caveout Remediation Site Participant Group’s (Group’s) request for a 30-
day provisional variance from hazardous waste storage time limitations pursuant to 35 Ill. Adm. Code 722.134(b).
The Caveout Remediation Site consists of approximately 16.5 acres located near the former Borg-Warner
Manufacturing Facility on U.S. Route 51 south of 625 Southside Drive in Decatur. Remediation is being done at the
site under the Illinois EPA’s Site Remediation Program (LPC1150155433). Removal of sludge from an inactive
wastewater treatment system (WWTS) on the site began November 17, 2007. The sludge was placed in nine lined
roll-off boxes and in a concrete tank that was part of the WWTS to await proper removal to, and disposal at, a
disposal facility. Results from the testing of a sample of the removed sludge were inconsistent with those obtained
from an earlier sample. The lab results indicated that the sludge was a hazardous waste and prevented the original
disposal facility from accepting the sludge. The Group has been exploring its options with various hazardous waste
disposal facilities. The 90-day on-site holding period for the sludge ends on February 15, 2008.
Public Act 93-0152 (Senate Bill 222) amended Sections 35-37 of the Illinois Environmental Act (415 ILCS 5/5(b)
(2002)) so that provisional variances are issued by the Illinois Environmental Protection Agency (IEPA). If the
IEPA grants a provisional variance, then the IEPA must file a copy of its written decision with the Board. The
Board must maintain copies of the provisional variances for public inspection. Copies of provisional variances
can be obtained by contacting the Clerk’s Office at (312) 814-3620, or by visiting the Board’s Website at
www.ipcb.state.il.us. If the IEPA denies a provisional variance request, then the applicant may initiate a
proceeding with the Board for a full variance.
Calendar
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
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 Business & Technology
Center
1215 Houbolt Road
Joliet
3/12/08
9:00 AM
PCB 05-35
Kibler Development Corporation and
Marion Ridge Landfill, Inc. v IEPA
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East,
North Entrance
Springfield
Environmental Register – February 2008
9
3/12/08
9:00 AM
PCB 07-43
Kibler Development Corporation and
Marion Ridge Landfill, Inc. v IEPA
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East,
North Entrance
Springfield
3/20/08
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 09-040
100 W. Randolph Street
Chicago
4/3/08
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Chicago
4/17/08
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 09-040
100 W. Randolph Street
Chicago
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
RESTRICTED STATUS LIST
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution
Control Board Regulations, the Illinois EPA has prepared the following list of facilities which are
on Restricted Status. Restricted Status is defined as the Agency determination that a sewer or lift
station has reached hydraulic capacity or that a sewage treatment plant has reached design
capacity, such that additional sewer connection permits may no longer be issued without causing
a violation of the Act or Regulations. Please note that the list is continually being revised to
reflect the current situation. Therefore, if you have any questions on the capability of a treatment
facility or transport system, please contact this Agency for a final determination. This listing
reflects the status as of December 31, 2007.
Facility names followed by an asterisk (*) indicates that construction is underway to ultimately
alleviate problems, which resulted in imposition of Restricted Status. Facilities followed by a
double asterisk (**) are additions to the list.
FACILITY NAME
RESPONSIBLE
AUTHORITY
COUNTY
REMAINING
CAPACITY
Bourbonnais (Belle Aire Subd.)
Village of Bourbonnais
Kankakee
0
Environmental Register – February 2008
10
Camelot Utilities
Wastewater Collection System
Camelot Utilities
Will
0
Camp Point
(a portion mh 60-68)
Village of Camp Point
Adams
0
Clearview S.D.
Clearview S.D.
McLean
0
Davis Junction
Village of Davis Junction
Ogle
0
East Alton
City of East Alton
Madison
0
Farmington
City of Farmington
Fulton
0
Hurst & Blairville Collection
SYSTEM
City of Hurst
Williamson
0
Port Byron STP
Village of Port Byron
Rock Island
0
Rosewood Heights S.D.-
Ninth Street LS
Rosewood Heights S.D.
Madison
0
South Palos Twp. SD
South Palos Twp.
South Palos Twp.
0
Sundale Utilities – Washington
Estates STP
Sundale Utilities Corporation
Tazewell
0
Taylorville-Shawnee Ave.
PUMP STATION
City of Taylorville
Christian
0
Utilities Unlimited
Utilities Unlimited
Will
0
Washington (Rolling Meadows)
City of Washington
Tazewell
0
Deletions from previous quarterly report: Richmond WWTP
Additions from previous quarterly report: None
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
CRITICAL REVIEW LIST
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution
Control Board Regulations, the Illinois Environmental Protection Agency has prepared the
following list of facilities which are on Critical Review. Critical Review as defined as the
Agency determination that a sewer or lift station is approaching hydraulic capacity or that a
sewage treatment plant is approaching design capacity such that additional sewer connection
permit applications will require close scrutiny to determine whether issuance would result in a
violation of the Act or Regulations. Please note that these lists are continually being revised to
reflect the current situation. Therefore, if you have any questions on the capability of a treatment
facility or transport system, please contact the Agency for a final determination. This listing
reflects the status as of December 31, 2007.
Facility names followed by a double asterisk (**) are additions to the list.
Environmental Register – February 2008
11
FACILITY
NAME
RESPONSIBLE
AUTHORITY
COUNTY
REMAINING
CAPACITY
PE ADDED
SINCE
LAST LIST
Algonquin
Village of Algonquin
Kane
569
1,274
Aqua
Illinois,
Inc.
University Park
Aqua Illinois, Inc.
Will
711
453
Antioch STP
Village of Antioch
Lake
373
48
Beardstown SD
City of Beardstown
Cass
1,568
0
Benton-Southeast STP
City of Benton
Franklin
60
0
Bethalto (L.S. #1)
Village of Bethalto
Madison
87
0
Carrier Mills
Village of Carrier Mills
Saline
836
0
Carrollton
City of Carrollton
Greene
140
0
Citizens Utilities Co. of Ill.-
River Grange
Citizens Utilities Co.
of Ill.
Will
10
0
Charleston
City of Charleston
Coles
5,052
0
Downers Grove S.D.
Downers Grove S.D.
DuPage
172
130
East Dundee STP
Village of E. Dundee
Kane
508
17
Elkville
Village of Elkville
Jackson
6
0
Ferson Creek Utilities Co.
Utilities, Inc.
Will
70
0
Harvard WWTP
City of Harvard
McHenry
0
30
LCPWD-Diamond-
Sylvan STP
County of Lake Public
Works Department
Lake
0
0
Lockport
City of Lockport
Will County
0
1,612
Moline (North Slope)
City of Moline
Rock Island
1,151
0
Morris STP
City of Morris
Grundy
0
0
New Lenox STP 1***
Village of New Lenox
Will
0
494
Paris STP
City of Paris
Edgar
0
0
Rock Island (Main)
City of Rock Island
Rock Island
2,824
0
Streator
City of Streator
LaSalle/
Livingston
449
146
Wauconda – Remaining
Collection System
& Lakeview Villa LS
Village of Wauconda
Lake
***
0
Wauconda WWTP
Village of Wauconda
Lake
66
Deletions from previous quarterly report: None
Additions from previous quarterly report: None
***Contact IEPA – Permit Section
MAP:\epa1176\rscr\dec4q07final.doc
------------------------------------------------CUTHERE------------------------------------------------
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.
------------------------------------------------CUTHERE------------------------------------------------
Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
