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
The Board was active during June in several rulemaking dockets on various topics.
The rulemaking proposals and activities are summarized below. As always,
information about these proceedings and the Board’s other cases is available
through Clerk’s Office Online (COOL) on our Web site at www.ipcb.state.il.us
.
On June 19, 2008, the Board sent to second notice the rulemaking docketed as
Triennial Review of Sulfate and Total Dissolved Solids Water Quality Standards:
Proposed Amendments to 35 Ill. Adm. Code 302.102(b)(6), 302.102(b)(8),
302.102(b)(10), 302.208(g), 309.103(c)(3), 405.109(b)(2)(A), 409.109(b)(2)(B),
406.100(d); Repealer of 35 Ill. Adm. Code 406.203 and Part 407; and Proposed
New 35 Ill. Adm. Code 302.208(h) (R07-9). The Illinois Environmental Protection
Agency (IEPA) filed the rulemaking proposal on October 23, 2006. The proposed
rules intend to update existing general use water quality standards for sulfate and
total dissolved solids (TDS) by amending or repealing certain sections and parts of
the Board’s water and mine-related pollution rules. On May 1, 2008, the Board had
adopted a proposed second notice and requested comments on the proposed second-notice changes. The Board
received one comment in response to the proposed second notice language and changed the second notice rule
language on mixing to reflect the comment.
On June 16, 2008, the Board held an additional day of hearing in the rulemaking 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 Board had previously held ten days of hearings on the
proposal. Forty-four members of the public testified on June 16, 2008.
On June 18, 2008, the Board held the first hearing on an IEPA proposal to amend the Board’s groundwater quality
rules. This rulemaking is docketed as Proposed Amendments to Groundwater Quality Standards, 35 Ill. Adm. Code
620, R08-18. The IEPA states that the proposed rulemaking is intended to keep the regulations current as the
science and technical data behind the groundwater standards evolves. The Board originally adopted the Part 620
Groundwater Quality Rules in November 1991. The second hearing on the proposal is scheduled on July 16, 2008,
in Springfield.
On June 5, 2008, the Board accepted for hearing a proposal to amend Parts 211 and 217 of the Board’s air pollution
regulations. The proposal, filed by the IEPA on May 9, 2008, is docketed as In the Matter of: Amendments to 35
Ill. Adm. Code 217, Nitrogen Oxides Emissions, and 35 Ill. Adm. Code 211, R08-19. The Board has scheduled two
hearings on this proposal. The first hearing begins Tuesday, October 14, 2008 in Springfield, and the second begins
Tuesday, December 9, 2008 in Chicago. Generally, the IEPA proposes amendments to control nitrogen oxides
(NO
x
) emissions from various source categories, including emissions units within these categories such as industrial
boilers, process heaters, glass melting furnaces, cement kilns, lime kilns, furnaces used in steelmaking and
aluminum melting, and fossil fuel-fired stationary boilers. The IEPA states that it intends its proposal to satisfy
Illinois’ obligation to submit a State Implementation Plan addressing requirements under the federal Clean Air Act
for major stationary sources of NO
x
in areas designated as nonattainment with respect to National Ambient Air
Quality Standards (NAAQS).
Sincerely,
Dr. G. Tanner Girard
Environmental Register – June 2008
1
Inside This Issue:
RULE UPDATE
P. 1
A
PPELLATE UPDATE
P. 4
B
OARD ACTIONS
P. 5
N
EW CASES
P. 8
B
OARD CALENDAR
P. 9
Back to top
Rule Update
Board Adopts Identical-In-Substance Rulemaking RCRA Subtitle C Update, USEPA Amendments (January
1, 2006 though June 30, 2006) R07-5; RCRA Subtitle C Update, USEPA Amendments (July 1, 2006 though
December 31, 2006) R07-14 (consolidated) (June 5, 2008)
On June 5, 2008, the Board adopted amendments in the consolidated docket RCRA Subtitle C Update, USEPA
Amendments (January 1, 2006 though June 30, 2006) R07-5; RCRA Subtitle C Update, USEPA Amendments (July
1, 2006 though December 31, 2006) R07-14. The consolidated docket concerns Illinois regulations that are
“identical in substance” to hazardous waste regulations adopted by the United States Environmental Protection
Agency (USEPA). The USEPA rules implement Subtitle C of the federal Resource Conservation and Recovery Act
of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921 et seq. (2003)).
The amendments update the Illinois hazardous waste regulations to incorporate revisions to the federal regulations.
The USEPA adopted the federal hazardous waste amendments that prompted this action during two consecutive
time periods; January 1, 2006 through June 30, 2006 and July 1, 2006 through December 31, 2006. Also included
in this proceeding are amendments to complete Board action based on USEPA amendments of March 5, 2005 and
to correct that of September 8, 2005. These amendments also make a series of substantive and non-substantive
corrections and stylistic revisions to segments of the text that are not otherwise affected by the covered federal
amendments.
The Board adopted identical-in-substance amendments to 35 Ill. Adm. Code 703, 720 through 728, and 739 largely
unchanged from those proposed on March 20, 2008.
Docket R07-5: January 1, 2006 through June 30, 2006 Amendments
USEPA amended the federal hazardous waste regulations once during the period January 1, 2006 through June 30,
2006, as is summarized below:
71 Fed. Reg. 16862 (April 4, 2006)
USEPA amended various provisions of the hazardous waste regulations to reduce the paperwork burden imposed by
the rules. Some of the reduced requirements apply only to members of USEPA’s Environmental Performance Track
Program. The affected rules include hazardous waste management facility standards and aspects of the permitting
requirements and land disposal restrictions.
Docket R07-14: July 1, 2006 through December 31, 2006 Amendments
71 Fed. Reg. 40254 (July 14, 2006)
USEPA adopted a number of corrections to various hazardous waste and used oil management regulations.
71 Fed. Reg. 42928 (July 28, 2006)
USEPA amended the definition of hazardous waste to exclude cathode ray tubes (CRTs) that are managed within
specified conditions. USEPA intends to encourage the reuse and recycling of used CRTs and glass from CRTs.
Completion of Board Adoption of March 5, 2005 Federal Amendments
Additional action completes Board adoption of the March 5, 2005 (70 Fed. Reg. 10776) USEPA amendments to the
manifest system.
See
, UIC Corrections, USEPA Amendments (January 1, 2005 through June 30, 2005,
R06-5,
RCRA Subtitle D Update, USEPA Amendments (January 1, 2005 through June 30, 2005)
, R06-6, RCRA Subtitle C
Environmental Register – June 2008
2
Update (January 1, 2005 through June 30, 2005)
, R06-7 (Jan. 5, 2006) (consolidated). Because USEPA had
codified a newer version of various provisions that would not go into effect until September 5, 2006, the Board
found it necessary to depart from the structure of the corresponding federal regulations and defer removal of lapsing
text until after the September 5, 2006 effective date of the federal amendments.
Correction of Amendments Based on the September 8, 2005 Federal Standardized Permit Rule
On September 8, 2005 (70 Fed. Reg. 53420), USEPA adopted new Standardized Permit Rule for hazardous waste
treatment and storage facilities in a new 40 C.F.R. 267. The Board adopted the corresponding provisions in the
Illinois rules in a new 35 Ill. Adm. Code 727 in the consolidated update docket, UIC Update, USEPA Amendments
(January 1, 2005 through June 30, 2005, R06-16, RCRA Subtitle D Update, USEPA Amendments (January 1, 2005
through June 30, 2005), R06-17, RCRA Subtitle C Update (January 1, 2005 through June 30, 2005 and March 23,
2006), R06-18 (Nov. 16, 2006) (consolidated).
On April 5, 2007, the Illinois Environmental Protection Agency (IEPA) submitted a letter to Board staff relating
corrections that the IEPA perceived as necessary in Part 727. The letter raised seven areas of concern over the
Illinois version of the Standardized Permit Rule. The Board again addressed those concerns, adopting some
responsive amendments.
To timely complete this rulemaking by the statutory due date, the Board will file the amendments with the Office of
the Secretary of State no later than July 14, 2008, but no less than 30 days from the June 5, 2008 order. That filing
will cause the amendments to become effective, and will result in their publication in the
Illinois Register
. The
purpose of the delayed filing is specifically to allow USEPA and opportunity to review and comment on the
amendments before they become effective.
Copies of the Board’s opinion and order in R07-5/14 may be obtained by calling the Clerk’s office at 312-814-
3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address
mccambm@ipcb.state.il.us.
Board Accepts for Hearing IEPA Proposal to Control Nitrogen Oxide Emissions From Various Source
Categories in Amendments to 35 Ill. Adm. Code 217, Nitrogen Oxides Emissions, and 35 Ill. Adm. Code 211
(R08-19
)
On June 5, 2008, the Illinois Pollution Control Board accepted for hearing a proposal to amend Parts 211 and 217 of
the Board’s air pollution regulations. The proposal, which was filed by the Illinois Environmental Protection
Agency (IEPA) on May 9, 2008, is docketed as Amendments to 35 Ill. Adm. Code 217, Nitrogen Oxides Emissions,
and 35 Ill. Adm. Code 211 (R08-19).
Generally, the IEPA proposes amendments to control nitrogen oxides (NO
x
) emissions from various source
categories, including emissions units within categories including industrial boilers, process heaters, glass melting
furnaces, cement kilns, lime kilns, furnaces used in steelmaking and aluminum melting, and fossil fuel-fired
stationary boilers.
The IEPA states that it intends its proposal to satisfy Illinois’ obligation to submit a State Implementation Plan to
address the requirements under the federal Clean Air Act for major stationary sources of NO
x
in areas designated as
nonattainment with respect to National Ambient Air Quality Standards (NAAQS). The IEPA states that NO
x
is a
primary precursor to the formation of ozone and is also a precursor to the formation of particulate matter that is 2.5
micrometers or smaller in size (PM
2.5
).
After conducting one or more hearings on this proposal, the Board will consider whether to proceed to first notice.
Hearings have been scheduled for October 14, 2008 in Springfield and from December 9, 2008 in Chicago.
Additional details and requirements are contained in the hearing officer’s June 12, 2008 order.
Copies of the Board’s opinion and order, as well as hearing officer orders, may be obtained by calling the Clerk’s
office at 312-814-3620, or by downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For more information contact Tim Fox at (312)-814-6085 or email at foxt@ipcb.state.il.us.
Board Adopts Second Notice Proposal to Update Water Quality Standards for Sulfate and Total Dissolved
Solids in Triennial Review of Sulfate and Total dissolved Solids Water Quality Standards: Proposed
Amendments to 35 Ill. Adm. Code 302.102(b)(6), 302.102(b)(8), 302.102(b)(10), 302.208(g), 309.103(c)(3),
405.109(b)(2)(A), 409.109(b)(2)(B), 406.100(d); Repealer of 35 Ill. Adm. Code 406.203 and Part 407; and
Proposed New 35 Ill. Adm. Code 302.208(h),R07-9 (June 19, 2008)
Environmental Register – June 2008
3
The Illinois Pollution Control Board, on June 19, 2008 adopted a second notice opinion and order in the rulemaking
docketed as Triennial Review of Sulfate and Total dissolved Solids Water Quality Standards: Proposed
Amendments to 35 Ill. Adm. Code 302.102(b)(6), 302.102(b)(8), 302.102(b)(10), 302.208(g), 309.103(c)(3),
405.109(b)(2)(A), 409.109(b)(2)(B), 406.100(d); Repealer of 35 Ill. Adm. Code 406.203 and Part 407; and
Proposed New 35 Ill. Adm. Code 302.208(h), R07-9 (June 19, 2008). The rules to be submitted to the Joint
Committee on Administrative Rules (JCAR) differ markedly from those proposed at first notice.
The rulemaking was initiated by the October 23, 2006 Illinois Environmental Protection Agency’s October 23, 2006
proposal. The proposed rules are intended to update existing general use water quality standards for sulfate and
total dissolved solids (TDS) by amending or repealing certain sections and parts of 35 Ill. Adm. Code Parts 302,
309, 405, 406, and 407 of the Board’s water and mine-related pollution rules.
On May 1, 2008, the Board took the unusual step of adopting a proposed second notice order for the purpose of
receiving comments on the proposed changes before the Board made its formal second notice JCAR filing. The
Board received one comment from Prairie Rivers Network, Sierra Club and the Environmental Law and Policy
Center, and amended the proposed mixing zone rule in response to the comment.
The Board proposed to amend the language regarding proposed water quality standards for sulfate where chloride
levels exceed 500 mg/L and hardness levels are 500 mg/L or lower in consideration of IEPA’s public comments, to
allow for site specific rulemaking to ensure that chloride levels continue to be regulated according to the federal
Clean Water Act. The Board proposed to amend the language regarding mixing zones in streams where the dilution
ratio is less than 3:1 to reflect that IEPA may use more than 50% of stream flow for mixing as long as an adequate
zone of passage is provided.
Copies of the Board’s opinion and order 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 Marie Tipsord at 312-814-4925 or email at tipsorm@ipcb.state.il.us
.
Board Adopts Second Notice Site Specific Proposal In Abbott Laboratories Proposed Site-Specific
Amendment to Applicability Selection of Organic Material Emission Standards and Limitations for the
Chicago Area: Subpart T: Pharmaceutical Manufacturing (35 Ill. Adm. Code 218.480(b)), R08-8, (June 19,
2008)
The Board, on June 19, 2008, adopted a second notice opinion and order in Abbott Laboratories Proposed Site-
Specific Amendment to Applicability Selection of Organic Material Emission Standards and Limitations for the
Chicago Area: Subpart T: Pharmaceutical Manufacturing (35 Ill. Adm. Code 218.480(b)) (R08-8).
At second notice, the Board made only minor changes, suggested by the proponent in the first-notice proposal as
published at 31 Ill. Reg. 14581 (Oct. 26,2007). The Board held a hearing on the proposal in Libertyville, Lake
County on March 8, 2008. The sole participants were Abbott and the Illinois Environmental Protection Agency
(IEPA). IEPA filed a post-hearing comment in support of the requested relief.
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 of volatile organic material (VOM) allowable under the exemptions from its tunnel dryers (Nos.
1-4), and fluid bed dryers (Nos. 1-3).
Under the “cap” in the new 35 Ill. Adm. Code 218.480(b)(4), the combined total annual emissions from the seven
covered dryers could not exceed 18,688 kg/year (20.6 tons/year). After reviewing the record, the Board determined
that rule adoption would result in “definite, if unquantifiable, economic savings to Abbott by allowing it to use its
business judgment in determining the most efficient use of its process equipment”, while also resulting in net
reductions of VOM emissions from Abbott’s facility.
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.
Environmental Register – June 2008
4
Appellate Update
In A Supervisory Order in County of Kankakee, Illinois.
et al.
v. Hon. William E. Holdridge
et al.
, No. 106525
(June 5, 2008), Illinois Supreme Court Directs Third District Appellate Court to Vacate April 24, 2008 Order
in Siting Appeal Known as "Town & Country II"
:
County of Kankakee, Illinois, Edward D. Smith,
Kankakee County State’s Attorney, Byron Sandburg and Waste Management of Illinois, Inc v. Illinois
Pollution Control Board, City of Kankakee, Illinois, Kankakee Regional Landfill, LLC and Town & Country
Utilities, Inc., Nos. 3-04-02713-04-02853-04-0289 (cons.) (3rd Dist. Apr. 24, 2008) (affirming Board’s order
affirming grant of siting approval in PCB 04-33, 34, 35 (Mar. 18, 2004))
The Illinois Supreme Court granted the County of Kankakee's motion for “supervisory order" on June 5, 2008 in
County of Kankakee, Illinois.
et al
. v. Hon. William E. Holdrige
et al
.
, No. 106525 (June 5, 2008). The County had
filed the motion in response to the Third District Appellate Court's April 24, 2008 Rule 23 order affirming the
Board's decision in the case known as "Town & Country II"
i.e.
County of Kankakee, Illinois, Edward D. Smith,
Kankakee County State’s Attorney, Byron Sandburg and Waste Management of Illinois, Inc v. Illinois Pollution
Control Board, City of Kankakee, Illinois, Kankakee Regional Landfill, LLC and Town & Country Utilities, Inc.,
Nos. 3-04-02713-04-02853-04-0289 (cons.) (3rd Dist. Apr. 24, 2008) (affirming Board’s order affirming grant of
siting approval in PCB 04-33, 34, 35 (Mar. 18, 2004). The Third District’s April 24, 2008 order under Supreme
Court Rule 23 (155 Ill. Ed. R.23) upholds the siting approval granted by the Kankakee City Council in response to
Town & Country's second siting application in 2003. The court issued the order on rehearing requested by the
parties following issuance of the court’s original November 17, 2006 order reversing the Board. County of
Kankakee, Illinois, Edward D. Smith, Kankakee County State’s Attorney, Byron Sandburg and Waste Management
of Illinois, Inc v. Illinois Pollution Control Board, City of Kankakee, Illinois, Kankakee Regional Landfill, LLC and
Town & Country Utilities, Inc., Nos. 3-04-02713-04-02853-04-0289 (cons.) (3rd Dist. Nov. 17, 2006).
The prior history of the Town & Country II
has been reported in these pages in detail.
See, e.g., Environmental
Register
No. 646 at pp. 6-9 (April 2008) and No. 633 at pp. 2-9 (Mar. 2007). Suffice it to say that the Third
District’s April 24, 2008 Rule 23 order affirmed the Board’s decision on a single ground,
i.e.
that: Town and
Country’s 2002 and 2003 siting applications were not “substantially the same,” so the latter application was not
barred by Section 39.2(m) of the Environmental Protection Act (Act), 415 ILCS 5/39.2(m). The Third District did
not address other appeal grounds that were raised by the appellants (
e.g.
, compliance with siting criteria and
fundamental fairness).
Supreme Court Rule 383 (155 Ill. Ed. R.383) allows the parties to a case to file a “motion requesting the exercise of
the Supreme Court’s supervisory authority,” in which the respondent is the “person whose act is the subject of the
proceeding” (here, Judge Holdridge as named author of the Third District’s April 24, 2008 order). In its June 5,
2008 one-page order, the Illinois Supreme Court, directed the Third District to "vacate its judgment of April 24,
2008" with the following instructions:
"The appellate court is directed to reconsider the case, and if it finds that the second siting
application was disapproved within the meaning of 415 ILCS 5/39.2(m), to determine whether the
second application was substantially the same as the first application under the statute,
acknowledging that the Pollution Control Board expressly did not reach this issue. If the appellate
court then finds that the second siting application was properly filed, the appellate court is directed
to address the remaining issues raised by the parties to the appeal. County of Kankakee, Illinois.
et al.
v. Hon. William E. Holdridge
et al.
, No. 106525 (June 5, 2008), slip op. at 1-2.
The parties are currently awaiting further action by the Third District Appellate Court.
Third District Dismisses Mercury Rule Appeal on Parties’ Joint Motion in Midwest Generation, LLC v.
Illinois Environmental Protection Agency and Illinois Pollution Control Board, No. 3-07-0061 (Third Dist.
June 24, 2008) (petition for review of Board rules adopted in Proposed New 35 Ill. Adm. Code 225 Control of
Emissions From Large Combustion Sources (Mercury), R06-25 (December 21, 2006))
The Third District Appellate Court granted a joint motion for voluntary dismissal of a Board rule in a June 24, 2008
order. Midwest Generation, LLC v. Illinois Environmental Protection Agency and Illinois Pollution Control Board
,
No. 3-07-0061 (Third Dist. June 24, 2008). The appeal involved the Board’s December 21, 2006 adoption of rules
to control mercury emissions in Proposed New 35 Ill. Adm. Code 225 Control of Emissions From Large
Combustion Sources (Mercury), R06-25 (December 21, 2006). The R06-25 rulemaking was contentious from its
inception.
See, e.g., Environmental Register
No. 630, pp. 4-5 (December 2006) and previous issues cited therein.
Environmental Register – June 2008
5
One more petition for review of the rules remains pending. Kincaid Generation, LLC v. Illinois Environmental
Protection Agency and Illinois Pollution Control Board, No. 4-07-0075 (Fourth Dist. filed January 24, 2007).
Board Actions
June 5, 2008
Via Videoconference
Springfield and Chicago, Illinois
Rulemakings
R07-5,
R07-14
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (January 1, 2006 through June 30, 2006)
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (July 1, 2006 through December 31, 2006) – The Board adopted a
final opinion and order in this consolidated “identical-in-substance” rulemaking
amending the Board’s hazardous waste regulations.
4-0
Land
R08-19
In the Matter of: Amendments to 35 Ill. Adm. Code 217, Nitrogen Oxides
Emissions, and 35 Ill. Adm. Code 211 – The Board accepted for hearing the
Illinois Environmental Protection Agency’s May 9, 2008 proposal to amend the
Board’s air pollution control regulations to control nitrogen oxides emissions.
The Board also granted the motion to file a limited number of copies.
4-0
Air
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 motion to withdraw petition.
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 motion to withdraw petition.
4-0
Air
AS 08-10
In the Matter of: RCRA Delisting Adjusted Standard Petition for Peoria
Disposal Company v. IEPA – The Board found that petitioner has satisfied the
jurisdictional requirement of providing newspaper notice of its petition for an
adjusted standard and accepted this matter for hearing. The Board granted
petitioner’s motion to expedite review and to file a reduced number of copies of
specified documents. The Board reserved ruling on petitioner’s application for
non-disclosure.
4-0
Land
Administrative Citations
AC 08-22
IEPA v. Pike County Landfill, Inc., Larry Beard and Steven Blake
– The Board
found that these respondents violated Section 21(o)(5) of the Act (415 ILCS
5/21(o)(5) (2006)), assessing a penalty of $500 in this administrative citation
involving a Pike County facility.
4-0
AC 08-23
IEPA v. William Dixon
– The Board found that this respondent violated Sections
21(p)(1), (p)(2), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1)(p)(3), (p)(7)
(2006)), assessing a penalty of $6,000 in this administrative citation involving an
4-0
Environmental Register – June 2008
6
Union County facility.
AC 08-24
IEPA v. Gire Properties, Inc. and Gire Construction, Inc.
– The Board found that
these respondents violated Sections 21(p)(1), (p)(4), and (p)(7) of the Act (415
ILCS 5/21(p)(1), (p)(4), (p)(7) (2006)), assessing a penalty of $4,500 in this
administrative citation involving an Douglas County facility.
4-0
AC 08-26
IEPA v. Edward W. Fisher, Rhonda L. Fisher and DEM/EX Group, Inc.
– The
Board found that these respondents violated Sections 21(p)(1) and (p) (7) of the
Act (415 ILCS 5/21(p)(1), (p)(7) (2006)), assessing a penalty of $3,000 in this
administrative citation involving an Mason County facility.
4-0
AC 08-28
IEPA v. Joseph Cosentino and Rob Pinski
– The Board accepted for hearing
respondent Pinski’s petition for review of this administrative citation involving a
Perry County facility. The Board also granted complainant’s motion to dismiss
Cosentino from this matter.
4-0
AC 08-29
IEPA v. Keister's, Inc.
– The Board accepted for hearing respondent’s petition
for review of this administrative citation involving a Warren County facility.
4-0
AC 08-30
IEPA v. Thomas, Wayne, and Valerie Hill
– The Board granted complainant’s
motion for withdrawal of this administrative citation and closed the docket.
4-0
Adjudicatory Cases
PCB 07-32
People of the State of Illinois v. Lake Arlann Drainage District, Cochran &
Wilken, Inc. and Southwind Construction Corp. – Upon receipt of two proposed
stipulation and settlement agreements and agreed motions to request relief from
the hearing requirement on behalf of Lake Arlann Drainage District and Cochran
& Wilken, Inc. in this water enforcement action involving a Tazewell County
facility, the Board ordered publication of the required newspaper notice.
4-0
W-E
PCB 07-134
People of the State of Illinois by Lisa Madigan, Attorney General of the State of
Illinois v. Village of Rockton – In this 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 $7,514.00, and to cease and desist
from further violations.
4-0
W-E
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council
– The Board denied
respondent’s motion to dismiss.
4-0
PCFSR,
Land
PCB 08-49
Joyce Farms Recycling, Inc. v. IEPA
–
The Board accepted for hearing this
permit appeal involving a Kankakee County facility.
4-0
P-A, Air
PCB 08-90
Pilkington North America v. IEPA
– The Board accepted for hearing and granted
Kurt A. Kissling’s motion to appear
pro hac vice
in this permit appeal involving
a LaSalle County facility.
4-0
P-A, Air
PCB 08-91
People of the State of Illinois v. Surface Manufacturing Company
– The Board
accepted for hearing this water enforcement action involving a site located in
Boone County.
4-0
W-E
Environmental Register – June 2008
7
PCB 08-92
People of the State of Illinois v. Advantage National Bancorp, Inc. and Vacala
Construction, Inc. – The Board accepted for hearing this water enforcement
action involving a site located in DuPage County.
4-0
W-E
PCB 08-94
People of the State of Illinois v. CFC International, 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
Cook County facility, the Board ordered publication of the required newspaper
notice.
4-0
A-E
June 15, 2008
Via Videoconference
Springfield and Chicago, Illinois
Rulemakings
R07-9
In the Matter of: Triennial Review of Sulfate and Total Dissolved Solids Water
Quality Standards: Proposed Amendments to 35 Ill. Adm. Code 302.102(b)(6),
302.102(b)(8),302.102(b)(10), 302.208(g), 309.103(c)(3), 405.109(b)(2)(A),
409.109(b)(2)(B), 406.100(d); Repealer of 35 Ill. Adm. Code 406.203 and Part
407; and Proposed New 35 Ill. Adm. Code 302.208(h) – The Board adopted a
second notice opinion and order in this rulemaking to amend the Board’s water
and mine-related regulations.
4-0
Water
R08-8
In the Matter of: Abbott Laboratories Proposed Site-specific Amendment to
Applicability Selection of Organic Material Emission Standards and Limitations
for the Chicago Area: Subpart T: Pharmaceutical Manufacturing (35 Ill. Adm.
Code 218.480(b)) – The Board adopted a second notice opinion and order in this
rulemaking to amend the Board’s air pollution control regulations.
3-0
Air
Moore
abstained
Administrative Citations
AC 05-61
IEPA v. Timothy Pearce
– The Board granted complainant’s motion for
summary judgment and found that this respondent violated Section 21(p)(7) of
the Act (415 ILCS 5/21(p)(7) (2006)), assessing a penalty of $1,500 in this
administrative citation involving a Clay County facility.
4-0
Adjudicatory Cases
PCB 00-104
People of the State of Illinois v. Murphy Farms, L.L.C.
– Upon receipt of a
proposed stipulation and settlement agreements and agreed motions to request
relief from the hearing requirement in this water enforcement action involving a
Knox County facility, the Board ordered publication of the required newspaper
notice.
4-0
A, W-E
Environmental Register – June 2008
8
PCB 06-174
People of the State of Illinois v. Bob D. Stagner and Linda S. Stagner, d/b/a LB’s
Camping & Mobile Home Park – In this water enforcement action concerning a
Franklin 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
respondents to pay a total civil penalty of $500.00, and to cease and desist from
further violations.
4-0
W-E
PCB 07-85
T-Town Drive Thru, Inc. v. IEPA
– The Board denied petitioner’s motion to
reconsider the Board’s April 3, 2008 opinion and order.
4-0
UST
Appeal
PCB 07-94
City of Joliet v. IEPA
– The Board granted this Will County facility’s motion for
voluntary dismissal of this permit appeal.
4-0
P-A,
Water
PCB 08-42
Tom Edwards v. IEPA and Peoria Disposal Company
–
The Board affirmed the
November 27, 2007 Resource Conservation and Recovery Act Part B permit
renewal issued by the Illinois Environmental Protection Agency to Peoria
Disposal Company.
4-0
P-A, Land
Third
Party
PCB 08-88
People of the State of Illinois v. Village of Skokie
– In this public water supply
enforcement action concerning a Cook 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
$25,000, and to cease and desist from further violations.
4-0
PWS-E
PCB 08-97
Veach Oil Company v. IEPA
– The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of this
Alexander County facility.
4-0
UST
Appeal,
90 Day
Ext.
PCB 08-98
People of the State of Illinois v. Farmers & Traders Bancshares, Inc., and
Pedriana Gustafson, Inc – The Board accepted for hearing this water
enforcement action involving a site located in DeKalb County.
4-0
W-E
New Cases
June 5, 2008 Board Meeting
08-90
Pilkington North America v. IEPA – The Board accepted for hearing and granted Kurt A. Kissling’s motion
to appear
pro hac vice
in this permit appeal involving a LaSalle County facility.
08-91
People of the State of Illinois v. Surface Manufacturing Company
– The Board accepted for hearing this
water enforcement action involving a site located in Boone County.
08-92
People of the State of Illinois v. Advantage National Bancorp, Inc. and Vacala Construction, Inc.
– The
Board accepted for hearing this water enforcement action involving a site located in DuPage County.
Environmental Register – June 2008
9
08-93
People of Williamson County ex rel State’s Attorney Charles Garnati and the Williamson County Board v.
Kibler Development Corporation, Marion Ridge Landfill, Inc., and Illinois Environmental Protection Agency – No
action taken.
08-94
People of the State of Illinois v. CFC International, 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 Cook County facility, the Board ordered publication of the required newspaper notice.
June 19, 2008 Board Meeting
08-95
United City of Yorkville v. IEPA and Hamman Farms – No action taken.
08-96
United City of Yorkville v. Hamman Farms
– No action taken.
08-97
Veach Oil Company v. IEPA
– The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Alexander County facility.
08-98
People of the State of Illinois v. Farmers & Traders Bancshares, Inc., and Pedriana Gustafson, Inc.
– The
Board accepted for hearing this water enforcement action involving a site located in DeKalb County.
AC 08-31
IEPA v. Upper Rock Island County Landfill and Dave Geier
– The Board accepted an administrative
citation against these Rock Island County respondents.
AC 08-32
IEPA v. Joseph Flick
– The Board accepted an administrative citation against this Union County
respondent.
AC 08-33
County of Vermillion, Illinois v. Rex Greene – The Board accepted an administrative citation against this
Vermillion County respondent.
Calendar
7/10/08
11:00 AM
Illinois Pollution Control Board Meeting
VIDOECONFERENCE
James R. Thompson Center
100 W. Randolph Street
Chicago
And
Illinois Pollution Control Board
Hearing Room (1244 N, First
Floor)
1021 N. Grand Avenue East
(North Entrance)
Springfield
7/16/08
10:00 AM
R08-18
In the Matter of: Proposed Amendments
to Groundwater Quality Standards, 35 Ill.
Adm. Code 620
Illinois Environmental Protection
Agency
TQM Room
1021 North Grand Avenue East,
North Entrance
Springfield
7/21/08
3:00 PM
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Chicago
Environmental Register – June 2008
10
8/7/08
11:00 AM
Illinois Pollution Control Board Meeting
VIDOECONFERENCE
James R. Thompson Center
100 W. Randolph Street
Chicago
And
Illinois Pollution Control Board
Hearing Room (1244 N, First
Floor)
1021 N. Grand Avenue East
(North Entrance)
Springfield
8/13/08
10:00
AM
AC 08-20
County of Jackson v. James Moake
Jackson County Health
Department
Rear Building Conference Room
415 Health Department Road
Murphysboro
8/13/08
10:30
AM
AC 08-21
County of Jackson v. Jack Reeves &
Jacqueline Watkins (Site Code
0778125019
Jackson County Health
Department
Rear Building Conference Room
415 Health Department Road
Murphysboro
8/18/08
3:00
PM
AS 08-10
In the Matter of: RCRA Delisting
Adjusted Standard Petition of Peoria
Disposal Company
Peoria Public Library
Basement Auditorium
107 NE Monroe
Peoria
8/20/08
9:00
AM
AS 08-08
In the Matter of: Petition of Citgo
Petroleum Corporation and PDV
Midwest Refining, L.L.C. for
Adjusted Standard from Ammonia
Nitrogen Discharge Levels at 35 Ill.
Adm. Code 304.122
Village of Boling Brook Board
Room
375 W. Briarcliff Road
Bolingbrook
8/21/08
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control Board
Hearing Room (1244 N, First
Floor)
1021 N. Grand Avenue East
(North Entrance)
Springfield
9/3/08
11:00
AM
AC 07-30
IEPA v. Bobby G. Myers and
Donald D. Myers (IEPA No. 375-06-
AC)
Union County Courthouse
“Old 911 Room”
309 W. Market Street
Jonesboro
9/4/08
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Chicago
Environmental Register – June 2008
11
9/8/08
9:00 AM
R08-09
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
(Continues until complete or through
September 10, 2008)
James R. Thompson Center
Room 9-040
100 West Randolph
Chicago
9/18/08
11:00 AM
Illinois Pollution Control Board Meeting
VIDOECONFERENCE
James R. Thompson Center
100 W. Randolph Street
Chicago
And
Illinois Pollution Control Board
Hearing Room (1244 N, First
Floor)
1021 N. Grand Avenue East
(North Entrance)
Springfield
10/2/08
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Chicago
10/14/08
10:00 AM
R08-19
In the Matter of: Nitrogen Oxides
Emissions From Various Source
Categories, Amendments to 35 Ill. Adm.
Code Parts 211 and 217
(Continues until complete or through
October 17, 2008)
Illinois Environmental Protection
Agency
Training Room 1414 West
1021 North Grand Avenue East,
North Entrance
Springfield
10/16/08
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control Board
Hearing Room (1244 N, First
Floor)
1021 N. Grand Avenue East
(North Entrance)
Springfield
------------------------------------------------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
