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G. Tanner Girard, Acting Chairman

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) 814-6032 TDD

Illinois Pollution Control Board

1021 North Grand Avenue East

Springfield, Illinois 62794-9274

Web Site: http://www.ipcb.state.il.us

Letter from the Chairman

During September, the Board was active in rulemakings covering water, land, and

air media. These activities are summarized below. As always, more detailed

information, including scheduled hearings, is available through the Clerk’s Office

Online (COOL) on our Web site at www.ipcb.state.il.us

On September 4, 2008, the Board adopted for final 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 sulfate water quality standard was

changed to vary depending on the hardness and chloride levels in the water. In

addition, the total dissolved solid water quality standard was repealed. The

legislative Joint Committee on Administrative Rules voted on August 19, 2008, to

issue a certificate of no objection.

During September, the Board held six additional days of hearing on a proposal from the Illinois Environmental

Protection Agency (IEPA) to amend the Board’s rules for Secondary Contact and Indigenous Aquatic Life Uses.

The Board docketed the proposal 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. Those hearings occurred in Chicago from September 8th to 10th and from September

23rd to 25th. Before September, the Board had held eleven days of hearings in this docket. Additional hearings are

scheduled to take place in Joliet and Des Plaines later in the fall.

On September 16, 2008, the Board accepted for hearing an IEPA proposal to amend the Board’s rules concerning

the Tiered Approach to Corrective Action Objectives (TACO). The proposal was docketed as In the Matter of:

Proposed Amendments to Tiered Approach to Corrective Action Objectives (35 Ill. Adm. Code 742), R09-9. The

new rule would add the indoor inhalation exposure route to existing risk-based methodology. Proposed changes

include new definitions, equations, parameters, default remediation objectives, and mechanisms for managing the

indoor inhalation pathway. The purpose of the proposed amendments is to protect building occupants from volatile

chemicals that have the potential to migrate from soil and groundwater to indoor air. In addition, the proposal

updates remediation objectives for all exposure routes.

Also on September 16, 2008, the Board sent to first-notice proposed rules in the rulemaking proceeding docketed as

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, R07-19. The

first-notice amendments control NOx emissions from engines and turbines located at 100 ton per year sources in the

Greater Chicago and Metro East/St. Louis nonattainment areas with a capacity of 500 brake horsepower or 3.5

megawatts. The regulations are proposed to help Illinois meet Clean Air Act requirements for NOx Reasonably

Available Control Technology under the eight-hour National Ambient Air Quality Standard for ozone and to

improve air quality by reducing precursors of fine particulate matter (PM 2.5).

Dr. G. Tanner Girard

Environmental Register – September 2008

Inside This Issue:

PPELLATE UPDATE

Rule Update

Final Rules in Triennial Review of Sulfate and Total Dissolved Solids Water Quality Standards (R07-9)

The Illinois Pollution Control Board, on September 4, 2008 adopted final rules 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). The Joint Committee on Administrative Rules (JCAR) reviewed the rules and issued

certificate of no objection on August 19, 2008. The final rules adopted by the Board included slight changes at

JCAR’s suggestion. The Secretary of State published notice of these adopted rules at 32 Ill. Reg. 14978-150167

(Sept. 19, 2008).

The final rules are based on an October 23, 2006 proposal filed by the Illinois Environmental Protection Agency

(IEPA). On September 20, 2007, after holding two public hearings, the Board adopted the rule for first notice. The

proposed rule was published in the

Illinois Register

on October 5, 2007 (31 Ill. Reg. 13624 (Oct. 5, 2007)). On

May 1, 2008, the Board adopted a proposed second notice to allow for comment on changes to the first notice

proposal proposed at second notice. The Board made changes in response to comments. On June 19, 2008, the

Board adopted the rule for second notice and filed the rule with JCAR.

The IEPA’s proposed rule set forth a sulfate standard for general use waters that varied from 500 milligrams per

liter (mg/L) to 2,500 mg/L, depending on the associated chloride and hardness levels measured in the water. The

sulfate standard in waters used for livestock watering had a maximum level of 2,000 mg/L. The proposal eliminated

the total dissolved solids (TDS) water quality standard for general use waters. The proposal also amended the

mixing zone regulations to allow for mixing in 7Q1.1 zero flow streams, and in streams with less than a 3:1 dilution

ratio. Finally, the proposal deleted the provisions addressing separate sulfate and chloride water quality standards

for discharges from mining operations. Discharges from mining operations would be subject to the general use

water quality standards under the proposed regulations

In response to the comments, the Board made changes to Section 302.208(h)(3)(C) and Section 309.102(b)(8).

Specifically, the Board amended Section 302.208(h)(3)(C) to establish a standard for sulfate where chlorides exceed

500 mg/L and hardness is at or below 500 mg/L, according to Section 303(c) of the Clean Water Act and federal

regulations at 40 C.F.R. 131.10(j)(2). Section 309.102(b)(8) was amended to require an NPDES permit applicant

seeking a mixing zone more than 50% of the volume flow in streams where the dilution ratio is less than 3:1 to

demonstrate the provision of an adequate zone of passage.

Copies of Board opinions and 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 Marie Tipsord at (312)-814-4925; email at tipsorm@ipcb.state.il.us

Board Adopts Amended Proposal for Public Comment in Wastewater Pre treatment Update, UEPA

Amendments (January 1, 2007) through June 30, 2007 (R08-5), SDWA Update, USEPA Amendments

(January 1, 2007) through June 30, 2007) (R08-7), and SDWA Update, USEPA Amendments (July 1, 2007

through December 31, 2007) (R08-13)

The Board, on September 4, 2008, added proposed amendments to the Illinois regulations that are “identical in

substance” to drinking water regulations adopted by the United States Environmental Protection Agency (USEPA).

Environmental Register – September 2008

They are minor corrections to the amendments to 35 Ill. Adm. Code Part 611 proposed in a prior consolidated Safe

Drinking Water Act (SDWA) (42 U.S.C. §§ 300f

(2007)) update docket, which the Board should have

included in the presently pending proposal. The September 4, 2008 amendments correct those amendments August

7, 2008 in consolidated docket Wastewater Pre treatment Update, UEPA Amendments (January 1, 2007) through

June 30, 2007;SDWA Update, USEPA Amendments (January 1, 2007) through June 30, 2007); and SDWA Update,

USEPA Amendments (July 1, 2007 through December 31, 2007), R08-5/R08-7, R08-13(consolidated)(August 7,

Notice of the September 4, 2008 replacement proposal for public comment in dockets R08-7 & R08-13 was

published at 32 Ill. Reg. 15204-15493 (Sept. 26, 2008). The Notices of Proposed Amendments for the incomplete,

August 7 proposal in the consolidated R08-5/R08-7/R08-13 wastewater pretreatment and SDWA update docket

appeared in the August 29, 2008 issue of the

Illinois Register

, at 32 Ill. Reg. 14032 (Part 307), 14054 (Part 310),

and 14065 (Part 611). On September 26, 2008, the Board’s notice of the withdrawal of the incomplete proposal in

Part 611 was published at 32 Ill. Reg. 16025 (Sept. 26, 2008).

The Board’s original proposal for the wastewater pretreatment rules in Parts 307 and 310 is unaffected by the

amendments to the Part 611 proposal. The Board deconsolidated the docket R08-5 wastewater pretreatment

amendments from the consolidated R08-7/R08-13 SDWA amendments. The Board intends to proceed separately

on the wastewater pretreatment amendments to Parts 307 and 310 of the rules in docket R08-5 based on the August

7, 2008 proposal and August 29, 2008

Illinois Register

notices. The public comment period ends October 13, and

the Board intends to adopt the R08-5 amendments at its November 6, 2008 meeting.

As to Part 611, the delay caused by publication of a new Notice of Proposed Amendments will delay adoption of

these SDWA amendments, therefore the Board extended the deadline a third time for the SDWA amendments, from

the current deadline of December 1, 2008 to the newly extended deadline of December 31, 2008.

Copies of Board 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 additional information contact Mike McCambridge at 312/814-6924; e-mail address:

mccambm@ipcb.state.il.us.

Board Adopts Proposal for Public Comment in RCRA Subtitle C (Hazardous Waste Update, USEPA

Amendments (January 1, 2008 through June 30, 2008) (R09-3)

On September 4, 2008, the Board adopted a proposal for comment in RCRA Subtitle C (Hazardous Waste Update,

USEPA Amendments (January 1, 2008 through June 30, 2008) (R09-3). This identical-in-substance rulemaking

would update the Illinois hazardous waste regulations to incorporate revisions to the federal regulations. The

United States Environmental Protection Agency (USEPA) adopted the federal hazardous waste amendments that

prompted this action during the time periods of January 1, 2008 through June 30, 2008. This proceeding proposes

amendments to 35 Ill. Adm. Code 721, 721, 724, 725, 726, and 728. Also included in this proceeding are

amendments to respond to comments submitted by USEPA after the conclusion of the prior update docket, RCRA

Subtitle C Update, USEPA Amendments (March 5, 2005, September 8, 2005, January 1, 2006 through June 30,

2006), R07-5, RCRA Subtitle C Update (July 1, 2006 through December 31, 2006), R07-14 (June 5, 2008)

(consolidated) The proposal for public comment also makes 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 will cause the proposed amendments to be published in the

Illinois Register

and will hold the docket

open to receive public comments for 45 days after the date of publication. The proposal was published at 32 Ill.

Reg. 15494-15762 (Sept. 26, 2008), and public comment will be accepted through November 10, 2008. The Board

presently intends to adopt final amendments based on this proposal on or before November 20, 2008.

As a special note, the Board particularly requested that USEPA and the Illinois Environmental Protection Agency

comment on the Board’s proposal relating to the June 4, 2008 exception from the F019 hazardous waste listing.

The Board has significantly altered the USEPA language of the exception, in order to tailor it to Illinois-specific

regulation of non-hazardous waste landfills.

USEPA amended the federal hazardous waste regulations three times during the period January 1, 2008 through

June 30, 2008, as is summarized below:

Environmental Register – September 2008

January 2, 2008 (at 73 Fed. Reg. 57)

USEPA broadened an existing exclusion from the definition of solid waste for oil-bearing secondary materials that

are reinserted into the refining process. The exclusion now embraces the gasification of oil-bearing secondary

materials when they are processed in a gasification system at a refinery for production of synthesis gas.

April 8, 2008 (at 73 Fed. Reg. 18970)

USEPA amended the October 12, 2005 (70 Fed. Reg. 59402) Hazardous Waste Combustor Rule. The body of the

hazardous waste combustor rule is codified as an air rule, at subpart EEE of 40 C.F.R. 63, and the major portion of

the April 8, 2008 amendments involved subpart EEE. The HWM facility standards of 40 C.F.R. 264 through 266

include limited segments that describe the interplay between the hazardous waste combustor rule and the HWM

facility standards. The April 8, 2008 amendments included limited amendments to the HWM facility standards.

June 4, 2008 (at 73 Fed. Reg. 31756)

Description of the USEPA action:

USEPA amended the F019 hazardous waste listing to exempt wastewater

treatment sludges from zinc phosphating when generated by a motor vehicle manufacturing process, subject to

limitations. F019 waste is wastewater treatment sludge from the chemical conversion coating of aluminum.

Correction of an Error in the Hazardous Waste Manifest Requirements

The Board must correct the text of the rules. An inadvertent error made in the prior update docket has resulted in

the existence of two versions of 35 Ill. Adm. Code 725.176(a). The Board is using this opportunity to make the

correction, as Part 725 is open for current federal amendments.

On March 4, 2005 (at 70 Fed. Reg. 10776), USEPA amended the federal hazardous waste manifest requirements.

The Board adopted the corresponding amendments to the Illinois rules in consolidated update docket 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 Update (January 1, 2005

through June 30, 2005), R06-7 (Jan. 5, 2006) (consolidated). The amendments required the Board to restructure the

rules to accommodate two versions of many provisions: one version applicable until September 5, 2006 and the

other applicable after that date.

The Board attempted to revert to a structure that more closely parallels the corresponding USEPA rules in prior

consolidated update docket RCRA Subtitle C Update, USEPA Amendments (March

5, 2005, September 8, 2005,

January 1, 2006 through June 30, 2006)

, R07-5, RCRA Subtitle C Update (July 1, 2006 through December 31,

2006), R07-14 (June 5, 2008) (consolidated). Although the Board opinion listed the deletion of the then-existing

version of Section 725.176(a) and renumbering of then-existing subsection (b) to subsection (a) (

p. 69, and order at pp. 444-445), the renumbering in the order occurred without the corresponding deletion. The

result was two subsections numbered “a” in Section 725.176.

The deadline for Board adoption of these amendments is January 2, 2009.

Copies of Board’s 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 additional information contact Mike McCambridge at 312/814-6924; e-mail address:

mccambm@ipcb.state.il.us.

Board Adopts First Notice in 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 (R07-19)

The Board on September 16, 2008, adopted a first notice proposal in the rulemaking proposal docketed as 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 (R07-19). Publication of

these proposed amendments in the

Illinois Register

will begin a 45-day comment period.

The first notice rules are based on a proposal filed by the Illinois Environmental Protection Agency (IEPA) on April

6, 2007 as amended December 20, 2007. The procedural history of this rulemaking is complicated, as it began as a

part of Docket R07-18, and will not be repeated here.

See, e.g. Environmental Register

No. 643 (January 2008).

The Board has held two public hearings on the amended proposal.

Environmental Register – September 2008

The first-notice amendments are intended primarily to control NOx emissions from engines and turbines located at

100 ton per year sources located in the Greater Chicago and Metro East/St. Louis nonattainment areas with a

capacity of 500 brake horsepower (bhp) or 3.5 megawatts (MW). IEPA states that its proposed regulations would

help Illinois meet Clean Air Act (CAA) requirements for NOx reasonably available control technology (RACT)

under the eight-hour National Ambient Air Quality Standard (NAAQS) for ozone and would also improve air

quality by reducing precursors of fine particulate matter (PM 2.5).

Copies of Board 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.

Expediting Proposal, Board Adopts for First Notice Without Comment on the Merits, In the Matter of:

Proposed Site Specific Rule for City of Springfield, Illinois, Office of Public Utilities, City Water Light and

Power and Springfield Metro Sanitary District from 35 Ill. Adm. Code 302.208(g) (R09-8).a

On September 16, 2008, the Illinois Pollution Control Board, adopted a first notice proposal without commenting on

the merits of the proposal in the rulemaking docketed as In the Matter of: Proposed Site Specific Rule for City of

Springfield, Illinois, Office of Public Utilities, City Water Light and Power and Springfield Metro Sanitary District

from 35 Ill. Adm. Code 302.208(g) (R09-8). The Board adopted the first notice in response to a request to expedite

the proceeding at the request of the proponents: the City of Springfield, Illinois, Office of Public Utilities, City

Water Light and Power (CWLP) and the Springfield Metro Sanitary District (District). This proposal seeks to

establish an alternative water quality standard for boron from the discharge point at the Spring Creek Sanitary

Treatment Plant to the Sangamon River to its confluence with the Illinois River and 100 yards downstream from the

confluence in the Illinois River.

The August 29, 2008 petition for a site specific rule seeks an alternative water quality standard to allow the District

to accept a pretreated industrial effluent stream from CWLP’s power station. The operation of air pollution

equipment at CWLP’s power plant causes elevated concentrations of boron in the effluent that is proposed to be

sent to the Spring Creek Sanitary Treatment Plant. CWLP contends that the alternative water quality standard is

necessary to enable CWLP to operate the power plant in compliance with CWLP’s national pollutant discharge

elimination system permit.

Currently, the general boron water quality standard is 1.0 mg/L. The proposed alternate standard would be 11.0

mg/L in the area of dispersion with the Sangamon River from Outfall 007 to 182 yards downstream from the

confluence of Spring creek with the Sangamon River; 4.5 mg/L from 182 yards downstream of the confluence of

Spring Creek with the Sangamon River to the confluence of Salt Creek with the Sangamon River; 1.6 mg/L from

the confluence of Salt Creek with the Sangamon river to the confluence of the Sangamon River with the Illinois

River; and 1.3 mg/L in the Illinois River from the confluence of the Illinois River with the confluence of the

Sangamon River to 100 yards downstream of the confluence of the Illinois River with the Sangamon River.

The Board has scheduled hearing for November 3, 2008 in Springfield. Details concerning requirements for pre-

filing testimony and hearing procedures are set out in a September 19, 2008 hearing officer order.

Copies of Board 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 Marie Tipsord at (312)-814-4925; email at tipsorm@ipcb.state.il.us

Appellate Update

Supreme Court Denies Petition for Review of Second District Opinion Affirming Board Finding of Violation

and Imposition of $3000 Penalty and Hearing Costs in Northern Illinois Service Co. v. Environmental

Protection Agency and Pollution Control Board, No. 106438)(Sept. 24, 2008) (affirming 381 Ill. App. 3d 171

(2d Dist. 2008) and Board orders in AC 05-40 (affirming July 26, 2007 final order as modified April 19, 2007)

On September 24, 2008, the Illinois Supreme Court denied a petition for leave to appeal filed by Northern Illinois

Service Company (NISC)in Northern Illinois Service Co. v. Environmental Protection Agency and Pollution

Control Board, No. 106438 (Sept. 24, 2008). The Supreme Court's mandate to the Second District Appellate Court

will issue on October 29, 2008.

Environmental Register – September 2008

The Supreme Court’s action lets stand as helpful precedent the Second District's March 11, 2008 opinion affirming

the Board in Northern Illinois Service Company v. Illinois Environmental Protection Agency and Illinois Pollution

Control Board, 381 Ill. App. 3d 171, 885 N. E. 2d 447 (2d Dist. 2008). In an administrative citation case, the

Board had found that NISC committed two violations of the Environmental Protection Act (Act), 415 ILCS 5/1 et

seq. (2006) at NISC’s "Roscoe Quarry"; the Board assess a total penalty of $3,000 for the two violations. IEPA v.

Northern Illinois Service Company, AC05-40 (July 26, 2007 final order as modified April 19, 2007). NISC

appealed only that portion of the Board’s order finding a violation of the Section 21(p)(1) prohibition of open

dumping of waste resulting in litter and assessing a $1,500 civil penalty for this violation. (The other found but

unchallenged violation resulted from unlawful deposition of construction or demolition debris in violation of

Section 21(p)(7).)

The Board and appellate court rulings were reported here in detail in

Environmental Register

No. 645 (March,

2008) at pp. 6-8. In brief summary, the Second District agreed with the Board’s assessment that NISC’s 10-year

old, 9,700 cubic yard, unprocessed pile of rotting trees qualified as "discarded" material and thus as "waste" and

"litter" under Section 21 (p)(1) and the Act’s definitions.

Board Actions

September 4, 2008

Chicago, Illinois

Rulemakings

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) – The

Board adopted a final opinion and order adopting amendments to the Board’s

water and mine-related regulations.

Wastewater Pretreatment Update, USEPA Amendments (January 1, 2007

through June 30, 2007)

SDWA Update, USEPA Amendments (January 1, 2007 through June 30,

SDWA Update, USEPA Amendments (July 1, 2007 through December 31,

2007) – The Board deconsolidated the docket R08-5 wastewater pretreatment

amendments from the consolidated R08-7/R08-13 SDWA amendments and

withdrew the August 29, 2008 Notice of Proposed Amendments relating to

the Part 611 amendments in R08-7/R08-13. The Board expects to complete

action in R08-5 pretreatment docket by December 1, 2008. The deadline for

completion of R08-7/R08-13 SDWA amendments was extended from

December 1, 2008 to December 31, 2008.

RCRA Subtitle C (Hazardous Waste Update, USEPA Amendments (January

1, 2008 through June 30, 2008) – The Board adopted a proposal for public

comment in this “identical-in-substance” rulemaking to amend the Board’s

hazardous waste regulations

Environmental Register – September 2008

Adjusted Standards

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

Standard Under 35 Ill. Adm. Code 720-131(c) v. IEPA – The Board granted

an adjusted standard to Big River Zinc Corporation for its electrolytic refinery

in Sauget, St. Clair County, subject to conditions. The Board expedited its

decision consistent with its August 7, 2008 order.

In the Matter of: RCRA Delisting Adjusted Standard Petition of Peoria

Disposal Company – The Board denied the various requests for additional

hearings, but extended the public comment deadline to September 25, 2008.

Administrative Citations

IEPA v. Upper Rock Island County Landfill and Dave Geier

dismissed this matter due to complainant’s failure to file with the Board proof

of service on respondents.

IEPA v. Joseph Flick

– The Board dismissed this matter due to complainant’s

failure to file with the Board proof of service on respondent.

Adjudicatory Cases

People of the State of Illinois v. J. McDaniel

– Upon receipt of two proposed

stipulation and settlement agreements and agreed motions to request relief

from the hearing requirement in this air enforcement action involving alleged

violations at two separate sites in McLean and Vermilion Counties, the Board

ordered publication of the required newspaper notices.

People of the State of Illinois v. William Warren and Halleck Warren, d/b/a

Hickory Shores Resort, and Hickory Shores Recreations, LTD – In this water

enforcement action concerning a Clinton 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

$3,500, and to cease and desist from further violations.

Atkinson Landfill Company v. The Village of Atkinson and The Village Board

of the Village of Atkinson – The Board granted this Alexander County

facility’s motion for voluntary dismissal of this landfill siting appeal.

People of the State of Illinois v. Isaacson Construction, Inc.

– Upon receipt of

a proposed stipulation and settlement agreement and agreed motion to request

relief from the hearing requirement in this land enforcement action involving a

McLean County facility, the Board ordered publication of the required

newspaper notice.

People of the State of Illinois v. Gary Cates, d/b/a Cherry Street Automotive,

Calvin Booth, d/b/a Auto Salvage Illinois, and S. I. Promotion Flora, Inc. –

Upon receipt of a proposed stipulation and settlement agreement and agreed

motion to request relief from the hearing requirement in this land enforcement

action involving a White County facility, the Board ordered publication of the

required newspaper notice.

Environmental Register – September 2008

People of the State of Illinois v. Village of Merrionette Park

– Upon receipt of

a proposed stipulation and settlement agreement and agreed motion to request

relief from the hearing requirement in this public water supply enforcement

action involving a Cook County facility, the Board ordered publication of the

required newspaper notice.

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 – The Board

denied petitioner’s motion for reconsideration of the Board’s July 10, 2008

opinion and order, dismissing this appeal for lack of jurisdiction.

People of the State of Illinois v. Rockford Blacktop Construction Co. and

Westlake Utilities, Inc. – 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 respondents to pay a total civil penalty of $22,500.00, and to

cease and desist from further violations.

September 16, 2008

Via Videoconference

Springfield and Chicago, Illinois

Rulemakings

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

adopted a first notice opinion and order to amend the Board’s air pollution

control regulations.

In the Matter of: Proposed Site Specific Rule for City of Springfield, Illinois,

Office of Public Utilities, City Water, Light and Power and Springfield Metro

Sanitary District From 35 Ill. Adm. Code Section 302.208(g) – The Board

accepted for hearing the petitioners’ August 29, 2008 proposal to amend the

Board’s water pollution control regulations. The Board also granted the

motions to waive signature requirement and for expedited consideration,

directing first notice publication of the proposal in the

Illinois Register

without comment on its merits.

In the Matter of: Proposed Amendments to Tiered Approach to Corrective

Action Objectives (35 Ill. Adm. Code 742) – The Board accepted for hearing

the Illinois Environmental Protection Agency’s September 3, 2008 proposal

to amend the Board’s land pollution control regulations. The Board also

granted the motion for relief from the requirement to file copies of material

proposed to be incorporated by reference.

Environmental Register – September 2008

Adjusted Standards

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) – The Board accepted for hearing this petition for

an adjusted standard seeking relief from the Board’s solid waste landfill

regulations. The Board directed the parties to address whether adjusted

standard relief is appropriate within 30 days. The Board also stayed the

deadline by which the Illinois Environmental Protection Agency is to file its

recommendation.

Administrative Citations

IEPA v. Joseph Combs

– The Board dismissed this matter due to

complainant’s failure to file with the Board proof of service on respondent.

IEPA v. George R. Ford

– The Board dismissed this matter due to

complainant’s failure to file with the Board proof of service on respondent.

IEPA v. Charles F. Kinsel

– The Board dismissed this matter due to

complainant’s failure to file with the Board proof of service on respondent.

IEPA v. Nancy Koltzenburg d/b/a K & N Excavating and Rentals

Board dismissed this matter due to complainant’s failure to file with the Board

proof of service on respondent.

County of Jackson v. Lester Johnson and Arthur Cross

– The Board accepted

for hearing respondents’ amended petitions for review of this administrative

citation involving a Jackson County facility.

County of Jackson v. Dan Kimmel

– The Board accepted for hearing

respondent’s petition for review of this administrative citation involving a

Jackson County facility.

County of Jackson v. Alvin Valdez and Ruben J. Valdez

– The Board ordered

respondents to file an amended petition for review in this administrative

citation involving a Jackson County facility, on or before October 16, 2008,

or the petition for review would be subject to dismissal.

Adjudicatory Cases

American Bottom Conservancy v. Illinois Environmental Protection Agency

and United States Steel Corporation - Granite City Works – Consistent with

the September 5, 2008 remanding order of the Appellate Court, Fifth District

following its July 22, 2008 decision vacating the Board’s final order, the

Board directed that the hearing officer schedule a telephone status conference

with the parties to set deadlines for the filing of legal briefs.

Environmental Register – September 2008

People of the State of Illinois v. Environmental Reclamation Company

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 Coles County facility, the Board ordered publication of the

required newspaper notice.

Dalee Oil Company v. IEPA

– The Board granted this Madison County

facility’s motion for voluntary dismissal of this underground storage tank

Nokomis Oil Company v. IEPA

– The Board granted this Montgomery County

facility’s motion for voluntary dismissal of this underground storage tank

Archer Daniels Midland Company, Quincy v. IEPA

– Having previously

granted a request for a 90-day extension, the Board dismissed this matter

because no permit appeal was filed on behalf of this facility located in Adams

Streator Petrol Pump v. IEPA

– The Board granted this La Salle County

facility’s motion for voluntary dismissal of this underground storage tank

Joseph & Victoria Morrissey v. Geoff Pahlos, Alpine Automotive

found that the alleged violations were neither duplicative nor frivolous and

accepted for hearing this citizen complaint involving a Lake County site.

Dennis Biddle - Seaton (Property ID Num 14-14-22-300-005) v. IEPA

receipt of the Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that petitioner’s specified facilities, located in

Mercer County, are pollution control facilities for the purpose of preferential

tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).

People of the State of Illinois v. Behr Iron & Steel, Inc., an Illinois

Corporation – Upon receipt of a proposed stipulation and settlement agreement

and agreed motions to request relief from the hearing requirement in this air

enforcement action involving a Winnebago County facility, the Board ordered

publication of the required newspaper notice.

People of the State of Illinois v. Behr Aluminum, Inc., an Illinois Corporation

– Upon receipt of a proposed stipulation and settlement agreement and agreed

motions to request relief from the hearing requirement in this air enforcement

action involving a Winnebago County facility, the Board ordered publication

of the required newspaper notice.

Lafever Farms-Joy (Property Identification Number 01-02-12-200-004) v.

IEPA – Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that petitioner’s specified

facilities, located in Mercer County, are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2006)).

People of the State of Illinois v. Myers Industries, Inc.

– The Board accepted

for hearing this land and noise enforcement action involving a site located in

Environmental Register – September 2008

September 30, 2008

Chicago, Illinois

Administrative Citations

IEPA v. Charles Norman Bartlett

– The Board granted complainant’s motion

for withdrawal of this administrative citation and closed the docket.

IEPA v. Frank H. and Mary Lou Record and Frank Record d/b/a Quality

Disposal – The Board found that these Fulton County respondents violated

Sections 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)).

Because there are two violations of Section 21(p) and one of these violations

is a subsequent offense, respondents were ordered to pay a civil penalty of

IEPA v. Donald E. and Mary A. Jennings

– The Board found that these

Brown County respondents violated Section 21(p)(1) of the Act (415 ILCS

5/21(p)(1) (2006)). Because this violation of Section 21(p) is a subsequent

offense, respondents were ordered to pay a civil penalty of $3,000

IEPA v. Euwell & Phyllis Beers and Jeremy Beers

– The Board granted

complainant’s motion for withdrawal of this administrative citation and closed

IEPA v. Mid-America Machinery Company

– The Board granted

complainant’s motion for withdrawal of this administrative citation and closed

IEPA v. Brian Bellemey

– The Board found that this respondent 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 a

Marion County facility.

Adjudicatory Cases

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

denied respondent’s motion for summary judgment.

People of the State of Illinois v. Washington Trails Edge, LLC

– Upon receipt

of a proposed stipulation and settlement agreement and agreed motions to

request relief from the hearing requirement in this water enforcement action

involving a Tazewell County facility, the Board ordered publication of the

required newspaper notice.

People of the State of Illinois by Lisa Madigan, Attorney General of the State

of Illinois v. Carlyle North Water Company, Inc. – Upon receipt of a proposed

stipulation and settlement agreement and agreed motions to request relief from

the hearing requirement in this water enforcement action involving a Clinton

County facility, the Board ordered publication of the required newspaper

Environmental Register – September 2008

People of the State of Illinois v. Advantage National Bancorp, Inc and Vacala

Construction, Inc. – Upon receipt of a proposed stipulation and settlement

agreement and agreed motions to request relief from the hearing requirement

in this water enforcement action involving a DuPage County facility, the

Board ordered publication of the required newspaper notice.

Veach Oil Company v. IEPA

– Having previously granted a request for a 90-

day extension, the Board dismissed this matter because no permit appeal was

filed on behalf of this facility located in Alexander County.

Woodworth & Sons, Inc. v. IEPA

– The Board granted this Champaign

facility’s motion for voluntary dismissal of this underground storage tank

People of the State of Illinois v. Red Seal Development Corporation and

Lenzini Excavating Company – In this water enforcement action involving a

Lake County facility, upon receipt of a proposed stipulation and settlement

agreement and agreed motions to request relief from the hearing requirement

on behalf of respondent Lenzini Excavating Company, the Board ordered

publication of the required newspaper notice. Also in a separate opinion and

order, 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 on behalf of Red Seal

Development Corporation, ordering the respondent to pay a total civil penalty

of $15,500.00, and to cease and desist from further violations.

Dalee Oil v. IEPA

– The Board accepted for hearing this underground storage

tank appeal involving a Madison County facility.

Baby Bacon, Inc. - Amboy v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that petitioner’s specified facilities, located in Lee County, are

pollution control facilities for the purpose of preferential tax treatment under

the Property Tax Code (35 ILCS 200/11-10 (2006)).

Hannel Oil Company v. IEPA

– The Board accepted for hearing this

underground storage tank appeal involving a Morgan County facility.

September 4, 2008 Board Meeting

IEPA v. Ruby Acklin and Joseph Flick

– The Board accepted an administrative citation against these

Union County respondents.

IEPA v. George R. Ford

– The Board accepted an administrative citation against this Fulton County

In the Matter of: Proposed Site Specific Rule for City of Springfield, Illinois, Office of Public Utilities, City

Water, Light and Power and Springfield Metro Sanitary District From 35 Ill. Adm. Code Section 302.208(g) – No

Environmental Register – September 2008

September 16, 2008 Board Meeting

Dennis Biddle - Seaton (Property ID Num 14-14-22-300-005) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and certified that petitioner’s specified

facilities, located in Mercer County, are pollution control facilities for the purpose of preferential tax treatment

under the Property Tax Code (35 ILCS 200/11-10 (2006)).

People of the State of Illinois v. Behr Iron & Steel, Inc., an Illinois Corporation

– Upon receipt of a proposed

stipulation and settlement agreements and agreed motions to request relief from the hearing requirement in this air

enforcement action involving a Winnebago County facility, the Board ordered publication of the required

newspaper notice.

People of the State of Illinois v. Behr Aluminum, Inc., an Illinois Corporation

– Upon receipt of a proposed

stipulation and settlement agreements and agreed motions to request relief from the hearing requirement in this air

enforcement action involving a Winnebago County facility, the Board ordered publication of the required

newspaper notice.

Lafever Farms-Joy (Property Identification Number 01-02-12-200-004) v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and certified that petitioner’s specified

facilities, located in Mercer County, are pollution control facilities for the purpose of preferential tax treatment

under the Property Tax Code (35 ILCS 200/11-10 (2006)).

People of the State of Illinois v. Myers Industries, Inc.

– The Board accepted for hearing this land and noise

enforcement action involving a site located in Logan County.

In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (35 Ill. Adm.

Code 742) – The Board accepted for hearing the Illinois Environmental Protection Agency’s September 3, 2008

proposal to amend the Board’s land pollution control regulations. The Board also granted the motion for relief from

the requirement to file copies of material proposed to be incorporated by reference.

September 30, 2008 Board Meeting

Dalee Oil v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a

Madison County facility.

Baby Bacon, Inc. - Amboy v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that petitioner’s specified facilities, located in Lee County, are

pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2006)).

Hannel Oil Company v. IEPA

– The Board accepted for hearing this underground storage tank appeal

involving a Morgan County facility.

Ogle County v. Veolia ES Orchard Hills Landfill, Inc.

– The Board accepted an administrative citation

against this Ogle County respondent.

In the Matter of: Proposed Amendments

to the Board’s Special Waste Regulations

Concerning Used Oil, 35 Ill. Adm. Code

Illinois Pollution Control Board

Videoconference Room 11-512

James R. Thompson Center

100 W. Randolph Street

Environmental Register – September 2008

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

Training Room 1414 West

1021 North Grand Avenue East,

Illinois Pollution Control Board Meeting

VIDOECONFERENCE

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board

Hearing Room (1244 N, First

1021 N. Grand Avenue East

(North Entrance)

Springfield

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

Will County Courthouse

14 W. Jefferson St.

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

Will County Courthouse

14 W. Jefferson St.

People of the State of Illinois v. Gary

Simmons, individually, and Lawrence

County Disposal Centre, Inc., an Illinois

City Hall Civic Center

700E. State Street

In the Matter of: Proposed Site Specific

Rule for City of Springfield, Illinois,

Office of Public Utilities, City Water,

Light and Power and Springfield Metyro

Sanitary District From 35 Ill. Adm. Code

Section 302.208(g)

Pollution Control Board

Conference Room, First Floor

1021 N. Grand Avenue East

(North Entrance)

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

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

Will County Courthouse

14 W. Jefferson St.

Environmental Register – September 2008

Illinois Pollution Control Board Meeting

VIDOECONFERENCE

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board

Hearing Room (1244 N, First

1021 N. Grand Avenue East

(North Entrance)

Springfield

People of the State of Illinois v.

Community Landfill Company, Inc.

(Consolidated: PCB 97-193 and PCB 04-

(Continues until complete or through

December 12, 2008)

The Grundy County

Administrative Center Baord

1320 Union Street

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

LGI Room, Second Floor

Environmental Protection Agency

Des Plaines Regional Office

9511 West Harrison

County of Jackson v. Dan Kimmel

Jackson County Health

Department, rear building

conference room,

415 Health Department Road

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

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

December 12, 2008

James R. Thompson Center

100 W. Randolph

Illinois Pollution Control Board Meeting

VIDOECONFERENCE

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board

Hearing Room (1244 N, First

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.

Environmental Register

is published monthly by the Board, and

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

Springfield, Illinois 62794-9274