RULEMAKINGS

R08-8

In the Matter of: Abbott Laboratories' Proposed Site-Specific

Amendment to Applicability Section of Organic Material

Emission Standards and Limitations for the Chicago Area:

Subpart T: Pharmaceutical Manufacturing (35 Ill. Adm. Code

218.480(b)) – The Board adopted a final opinion and order in

this rulemaking amending the Board’s air pollution control

regulations.

3-0

Air

Moore

abstained

R09-1

UIC Update, USEPA Amendments (January 1, 2008 through

June 30, 2008) – The Board dismissed this reserved identical-in-

substance docket because the United States Environmental

Protection Agency did not amend its underground injection

control regulations during the update period of January 1, 2008

through June 30, 2008.

4-0

Land

R09-2

RCRA Subtitle D (Municipal Solid Waste Landfill Update,

USEPA Amendments (January 1, 2008 through June 30, 2008) –

The Board dismissed this reserved identical-in-substance docket

because the United States Environmental Protection Agency did

not amend its municipal solid waste landfill regulations during

the update period of January 1, 2008 through June 30, 2008.

4-0

Land

R09-4

UST Update, USEPA Amendments (January 1, 2008 through

June 30, 2008) – The Board dismissed this reserved identical-in-

substance docket because the United States Environmental

Protection Agency did not amend its underground storage tank

regulations during the update period of January 1, 2008 through

June 30, 2008.

4-0

Land

R09-5

Wastewater Pretreatment Update, USEPA Amendments (January

1, 2008 through June 30, 2008) – The Board dismissed this

reserved identical-in-substance docket because the United States

Environmental Protection Agency did not amend its wastewater

pretreatment regulations during the update period of January 1,

2008 through June 30, 2008.

4-0

Water

R09-6

Definition of VOM Update, USEPA Amendments (January 1,

2008 through June 30, 2008) – The Board dismissed this

reserved identical-in-substance docket because the United States

Environmental Protection Agency did not amend its exemptions

from the definition of volatile organic emission regulations

during the update period of January 1, 2008 through June 30,

2008.

4-0

Air

2

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R09-7

SDWA Update, USEPA Amendments (January 1, 2008 through

June 30, 2008) – The Board dismissed this reserved identical-in-

substance docket because the United States Environmental

Protection Agency did not amend its drinking water regulations

during the update period of January 1, 2008 through June 30,

2008.

4-0

PWS

A

DJUSTED STANDARDS

AS 08-2

In the Matter of: Petition of Stericycle, Inc. for an Adjusted

Standard from 35 Ill. Adm. Code 422.111(B)(1); 1450.105(A)-

(B);1450.200(e) – The Board granted an adjusted standards to

Stericycle, Inc. an adjusted standard from 35 Ill. Adm. Code

1422.111(b)(1) for its transfer station located at 3801 South

Laramie Street, Cicero, Cook County, subject to conditions. The

denied petitioner’s request for an adjusted standard from PIMW

transporter fee regulations adopted by the Illinois Environmental

Protection Agency. 35 Ill. Adm. Code 1450.105(a), 1450.105(b),

1450.200(e).

4-0

PIMW

AS 08-8

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 – The Board directed this matter to the hearing officer

for disposition.

Water

AS 08-10

In the Matter of: RCRA Delisting Adjusted Standard Petition of

Peoria Disposal Company – The Board denied the request for

redacted information noting petitioner supplied same at hearing.

The Board reserved ruling on the requests for additional

hearings, noting comments are due by September 2, 2008.

4-0

Land

AS 09-1

In the Matter of: Petition of Ameren Energy Generating

Company for Adjusted Standards from 35 Il. Adm. Code Parts

811, 814, and 815 (Hutsonville Power Station) – No action taken.

Land

3

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A

DMINISTRATIVE CITATIONS

AC 08-20

County of Jackson v. James Moake.

– The Board granted

complainant’s motion for withdrawal of this administrative

citation and closed the docket.

4-0

AC 08-21

County of Jackson v. Jack Reeves & Jacqueline Watkins – The

Board granted complainant’s motion for withdrawal of this

administrative citation and closed the docket.

4-0

AC 09-1

County of Vermilion, Illinois v. Connie Yount. – The Board

found that this respondent violated Sections 21(p)(1) and (p) (3)

of the Act (415 ILCS 5/21(p)(1), (p)(3) (2006)), assessing a

penalty of $3,000 in this administrative citation involving a

Vermilion County facility.

4-0

AC 09-10

IEPA v. Brian Bellemey – The Board accepted an administrative

citation against this Marion County respondent.

A

DJUDICATORY CASES

PCB 04-102

Emerald Performance Materials, L.L.C. (as purchaser of Noveon,

Inc.) v. IEPA – No action taken.

P-A,

Air

PCB 04-185

Midwest Generation EME, LLC v. IEPA – The Board granted

the parties’ joint motion to stay this trade secret appeal through

November 18, 2008, unless the Board issues an order terminating

the stay earlier.

4-0

T-S

Air

PCB 04-215

Commonwealth Edison Company v. IEPA – The Board granted

the parties’ joint motion to stay this trade secret appeal through

November 21, 2008, unless the Board issues an order terminating

the stay earlier.

4-0

T-S

Air

PCB 04-216

Midwest Generation EME, LLC v. IEPA

– The Board granted

the parties’ joint motion to stay this trade secret appeal through

November 21, 2008, unless the Board issues an order terminating

the stay earlier.

4-0

T-S

Air

4

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PCB 07-44

Indian Creek Development Company, an Illinois partnership,

individually as beneficiary under trust 3291 of the Chicago Title

and Trust Company dated December 15, 1981 and the Chicago

Title and Trust Company, as trustee under trust 3291, dated

December 15, 1981 v. The Burlington Northern Santa Fe Railway

Company, a Delaware company – No action taken.

Citizens

L, W-E

PCB 07-45

People of the State of Illinois v. General Waste Services, Inc., –

No action taken.

A-E

PCB 07-63

PMA & Associates, Inc. v. IEPA – No action taken.

UST Appeal

PCB 07-96

Kyle Nash v. Karen Sokolowski

– No action taken.

Citizens

N-E

PCB 07-97

Kyle Nash v. Louis Jimenez – No action taken.

Citizens

N-E

PCB 07-112

Lone Star Industries, Inc. v. IEPA

–

The Board granted this

LaSalle County facility’s motion for voluntary dismissal of this

permit appeal.

4-0

P-A,

Air

PCB 08-30

Caseyville Sport Choice, LLC, an Illinois Limited Liability

Company v. Erma I. Seiber, Administratrix of the Estate of James

A. Seiber, Deceased, and Erma I. Seiber in her individual

capacity – No action taken.

L-E

PCB 08-91

People of the State of Illinois v. Surface Manufacturing Company

– In this water enforcement action concerning a Boone County

facility, the Board granted relief from the hearing requirement of

Section 31(c)(1) of the Environmental Protection Act (415 ILCS

5/31(c)(1) (2006)), and accepted a stipulation and settlement

agreement, ordering the respondent to pay a total civil penalty of

$12,000.00, and to cease and desist from further violations.

4-0

W-E

PCB 08-96

United City of Yorkville v. Hamman Farms

– No action taken.

Citizens

A, L, W-E

5

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PCB 08-98

People of the State of Illinois v. Farmers & Traders Bancshares,

Inc., an Illinois corporation, and Pedriana Gustafson, Inc., – In

this water enforcement action concerning a DeKalb 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

$15,000.00, and to cease and desist from further violations.

4-0

W-E

PCB 09-6

Dynegy Midwest Generation, Inc. (Wood River Power Station) v.

IEPA – The Board granted petitioner’s motion for a partial stay

of the construction permit.

4-0

P-A, Air

PCB 09-8

People of the State of Illinois v. Red Seal Development

Corporation and Lenzini Excavating Company – 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 Lake County facility, the

Board ordered publication of the required newspaper notice.

4-0

W-E

PCB 09-9

Dynegy Midwest Generation, Inc. (Baldwin Energy Complex) v.

IEPA – The Board granted petitioner’s motion for a partial stay

of the construction permit.

4-0

P-A, Air

PCB 09-10

Joseph & Victoria Morrissey v. Geoff Pahlos, Alpine Automotive

– No action taken.

UST Appeal

C

ASES PENDING DECISION

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); Repeal of 35 Ill. Adm. Code 406.203 and Part 407;

and Proposed New 35 Ill. Adm. Code 302.208(h)

Water

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

Air

R09-3

RCRA Subtitle C (Hazardous Waste Update, USEPA

Amendments (January 1, 2008 through June 30, 2008)

Land

6

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AS 08-9

In the Matter of: Petition of Big River Zinc Corporation for an

Adjusted Standard Under 35 Ill. Adm. Code 720-131(c) v. IEPA

Land

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:22 am

.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board approved the above minutes on September 4, 2008, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

7