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G. Tanner Girard, Acting Chairman

Thomas E. Johnson, Andrea S. Moore, Shundar Lin, and Gary Blankenship

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 April, the Board was active in numerous rulemaking efforts. Progress in the dockets ranged from one

docket nearing completion, to others being expedited for decision. Below, I’ve summarized recent activity.

Information about these proceedings is available through the Clerk’s Office Online (COOL) through our Web site at

www.ipcb.state.il.us

R07-19 Section 27 Proposed Rules for Nitrogen Oxide (NO

) Emissions From Stationary Reciprocating Internal

Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code Parts 211 and 217: On April 2, 2009, the

Board granted a motion by the Illinois Environmental Protection Agency (IEPA)to expedite review of the Agency’s

amended proposal.

R08-9 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 304 217: The Board held the

26th day of hearing on the proposal on April 15, 2009. Three more days of hearing are scheduled in Chicago in

R08-17 Standards and Limitations for Organic Material Emissions for Area Sources Proposed New 35 Ill. Adm.

Code Part 223: On March 19, 2009, the Board adopted its second-notice opinion and order regulating VOM

emissions from consumer products and architectural and industrial maintenance products. On April 21, 2009, the

Joint Committee on Administrative Rules issued a certificate of no objection to the proposed rules.

R08-19 Nitrogen Oxides Emissions From Various Source Categories, Amendments to 35 Ill. Adm. Code Parts 211

and 217: On April 2, 2009, the Board granted the IEPA’s motion to expedite review of this rulemaking proposal.

R09-8 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): On

April 2, 2009, the Board adopted a second-notice opinion and order granting Springfield’s petition for alternative

water quality standards for boron in four sections of the Sangamon River.

R 09-10 In the Matter of: Amendments to 35 Ill. Adm. Code 225: Control of Emissions From Large Combustion

Sources (Mercury Monitoring): On April 16, 2009, the Board adopted a second-notice opinion and order.

R 09-19 Air Quality Standards Clean-up: Amendments to 35 Ill. Adm. Code Part 243

: The Board held a second

hearing on the amended proposal on April 29, 2009, in Springfield.

R09-20 In the Matter of: Nitrogen Oxide (NO

) Trading Program Sunset Provisions for Electric Generating Units

(EGU's): New 35 Ill. Adm. Code 217.751: The IEPA filed this rulemaking proposal on April 23, 2009, stating that

it seeks to "sunset" the Board's Part 217 NO

Trading rules in order to allow the Part 225 Clean Air Interstate Rule

trading rules to be the sole regulations applicable to these sources.

The Board welcomes citizen participation in environmental rulemaking. More information can be found on our

website at www.ipcb.state.il.us.

Dr. G. Tanner Girard

Environmental Register – April 2009

Inside This Issue:

RULEMAKING UPDATE

ROVISIONAL VARIANCES

ESTRICTED STATUS/CRITICAL REVIEW

Rulemaking Update

Board Grants IEPA Motions for Expedited Review in Two Air 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 (R07-19) and In the Matter of:

Nitrogen Oxides Emissions from Various Source Categories, Amendments to 35 Ill. Adm. Code Parts 211

and 217 (R08-19)

On April 2, 2009, the Illinois Pollution Control Board granted the Illinois Environmental Protection Agency’s

(IEPA) March 19 and 20, 2009 motions for expedited review in two 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, R07-19 (Apr. 2, 2009) and In the Matter of:

Nitrogen Oxides Emissions from Various Source Categories, Amendments to 35 Ill. Adm. Code Parts 211 and 217,

R08-19 (Apr. 2, 2009). Both IEPA requests were prompted by March 12, 2009 correspondence from the United

States Environmental Protection Agency regarding possible sanctions in the absence of State compliance with

requirements for submission of an approvable State Implementation Plan (SIP) for ozone attainment under the

requirements of the federal Clean Air Act, 42 U.S.C Sections 7502, 7511a. Nitrogen oxide (NOx) is one of the two

primary precursors to the formation of ozone, and NOx is also a precursor to the formation of fine particulate

In its April 2, 2009 order in each docket, the Board concluded that “USEPA’s implementation deadline [as recited

in the IEPA’s motions] and the risk of federal sanctions constitute ‘dire circumstances’’ justifying grant of

expedited decision. 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, slip op. at 4 (Apr. 2, 2009) and In the Matter of: Nitrogen Oxides Emissions From Various Source

Categories, Amendments to 35 Ill. Adm. Code Parts 211 and 217, R08-19, slip op. at 4 (Apr. 2, 2009).

In R07-19, on January 2, 2008 the IEPA proposed to amend Parts 211 and 217 of the Board’s air pollution

regulations to control nitrogen oxides (NOx) emissions from internal combustion engines and turbines. After two

hearings and significant IEPA amendment of the original proposal, the Board adopted a first notice opinion and

order on October 16, 2008 published at 32 Ill. Reg. 17035 (Oct. 31, 2008).

See Environmental Register

p.2 (Oct. 2008). In R08-19, on May 9, 2008, the IEPA proposed amendments to control nitrogen oxides (NO

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. After three hearings and significant IEPA amendment of

the original proposal, the Board is scheduled to adopt a first notice opinion and order on May 7, 2008.

Environmental Register

No. 648 at p.2 (June. 2008).

In its nearly-identical March 2009 motions to expedite R07-19 R08-19(Mot.), the IEPA noted that on March 24,

2008, USEPA had found that Illinois, as well as other states, had “failed to make a RACT [Reasonably Available

Control Technology] submission required under Part D of Title I of the CAA for its two moderate nonattainment

Environmental Register – April 2009

areas [in the greater Chicago area and Metro-East/St. Louis areas]. Mot. at 4, citing 73 Fed. Reg. 15416 (Mar. 24,

2008). That USEPA finding started “the 18-month emission offset sanctions clock and 24-month highway funding

sanctions clock. . . and the 24-month clock for the promulgation by USEPA of the Federal Implementation Plan”

Mot. at 4, citing 42 U.S.C. Sections 7509(a) and (b) and 7410(c).

IEPA reported that by letter to it of March 12, 2009, USEPA reiterated that Illinois had yet to address the March 24,

2008 USEPA. Mot. at 4. The IEPA went on to state “that if, by September 24, 2009, Illinois has not submitted all

of the required SIP elements,” then the new source offset sanction would apply in the Greater Chicago and Metro

East/St. Louis nonattainment areas, making it more difficult for new sources to locate there. Mot. at 5. The IEPA

further claimed that, if Illinois has not submitted the required SIP elements within six months after imposition of the

first sanction, then Illinois would suffer highway sanctions.

The IEPA also claimed that, if Illinois has not

submitted the required SIP elements and received USEPA approval by March 24, 2010, then USEPA may

promulgate a Federal Implementation Plan to replace the SIP elements that Illinois lacks.

Copies of the Board’s and hearing officer’s orders may be obtained by calling the Clerk’s office at 312-814-3620,

or by downloading copies from the Board’s Website at www.ipcb.state.il.us.

For additional information contact Tim Fox at 312-814- 6085; e-mail address foxt@ipcb.state.il.us.

Board Adopts Second Notice Opinion and Order in 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) (R09-8)

The Illinois Pollution Control Board, on April 2, 2009, adopted a second notice opinion and order in 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), R09-8 (Apr. 2, 2009).

The Board’s second notice proposal contains only nonsubstantive changes from the first notice rule as adopted by

the Board for comments on the merits on September 16, 2009.

31 Ill. Reg. 16303 (Oct. 10, 2008). The Board

submitted the second notice rule to the Joint Committee on Administrative Rules (JCAR); JCAR is expected to

review the rules at its May 19, 2009 meeting.

In its second notice opinion and order, the Board stated that:

The Board heard testimony and received comments from Illinois Environmental Protection

Agency (Agency), Prairie Rivers Network (Prairie Rivers), and Springfield. The Board has taken

these comments into consideration and finds that proceeding to second notice is appropriate. In

this Opinion, the Board finds the rule as proposed by Springfield is technically feasible and

economically reasonable and is protective of human health and the environment. R09-8, slip op.

at 1 (Apr. 2, 2009).

The August 29, 2008 proposal seeks site-specific alternative water quality standards for boron in four river sections

stretching approximately 75 miles from the outfall of the Spring Creek Sanitary Treatment Plant on the Sangamon

River to 100 yards downstream of the confluence of the Sangamon and Illinois Rivers.

See Environmental Register

No. 651 at p. 4 (Sept. 2008)(identifying stream reaches in more detail). The relief is needed to accommodate a

pretreated industrial effluent stream from the power station. Board held hearings on November 3 and December 16,

2008, expediting the proceeding consistent with proponents’ request.

Copies of the Board’s and hearing officer’s orders may be obtained by calling the Clerk’s office at 312-814-3620,

or by downloading copies from the Board’s Website at www.ipcb.state.il.us.

Board Adopts Second Notice Opinion and Order in In the Matter of: Amendments to 35 Ill. Adm. Code 225:

Control of Emissions from Large Combustion Sources (Mercury Monitoring) (R09-10)

The Illinois Pollution Control Board, on April 16, 2009, adopted for second notice a rulemaking proposal to amend

Part 225 of the Board’s air pollution regulations in In the Matter of: Amendments to 35 Ill. Adm. Code 225:

Environmental Register – April 2009

Control of Emissions from Large Combustion Sources (Mercury Monitoring)

(R09-10). As the IEPA made

extensive changes to the original October 3, 2008 proposal during first notice to which other participants did not

object, the Board’s second notice proposal contains numerous and extensive changes from the first notice rule as

adopted by the Board for comments on the merits on November 5, 2008.

32 Ill. Reg. 18507-18826 (Dec. 5,

2008). The Board submitted the second notice rule to the Joint Committee on Administrative Rules (JCAR); JCAR

is expected to review the rules at its May 19, 2009 meeting.

The Board adopted rules for control of mercury emissions in December, 2006. Proposed New 35 Ill. Adm. Code

225 Control of Emissions From Large Combustion Sources (Mercury), R06-25 (Dec. 21, 2006). Generally, the

present proposal seeks to recreate in the Board’s rules certain monitoring provisions of the federal Clean Air

Mercury Rule (CAMR), recently vacated by a federal court. The proposal adds to the Board’s rules the content of

provisions contained in the vacated federal rules and incorporated by reference in Board rules. In addition, the

Board’s second-notice proposal includes provisions offered by Ameren to amend the Multi-Pollutant Standard or

MPS at Section 225.233 of Part 225.

After consideration of the record, the Board founds that the IEPA’s revised proposal, as amended by Ameren’s

proposed language for Section 225.233, is both technically feasible and economically reasonable. As to the

Ameren MPS proposal, the Board also noted that the proposal projects an environmental benefit by reducing total

emissions and that it is not opposed by IEPA, either procedurally or substantively.

The Board has held two hearings on the proposal: one in Springfield on December 17, 2008; and the second in

Chicago on January 10, 2009.

Copies of the Board’s and hearing officer’s orders may be obtained by calling the Clerk’s office at 312-814-3620,

or by downloading copies from the Board’s Website at www.ipcb.state.il.us.

For additional information contact Tim Fox at 312-814- 6085; e-mail address foxt@ipcb.state.il.us.

Board Actions

April 2, 2009

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

granted the Illinois Environmental Protection Agency’s motion for expedited

In the Matter of: Nitrogen Oxides Emissions From Various Source

Categories, Amendments to 35 Ill. Adm. Code Parts 211 and 217 – The

Board granted the Illinois Environmental Protection Agency’s motion for

expedited review.

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

adopted a second notice opinion and order in this site specific rulemaking to

amend the Board’s water pollution control regulations.

Environmental Register – April 2009

Administrative Citations

IEPA v. Mark Gates

–The Board entered an interim opinion and order finding

respondent violated Sections 21(p)(1) and (p)(7) of the Act (415 ILCS

5/21(p)(1), (p)(7) (2006)) and assessed a penalty of $3,000. The Board

ordered the Clerk of the Board and the Illinois Environmental Protection

Agency to file within 21 days a statement of hearing costs, supported by

affidavit, with service on respondent. Respondent may respond to the cost

statement within 14 days of service.

IEPA v. Joseph Cosentino and Rob Pinski

– The Board entered a final opinion

and order requiring respondent to pay hearing costs of the Illinois

Environmental Protection Agency and the Board in the amount of $334.98 and

a civil penalty of $4,500. This order follows the Board's interim order of

February 19, 2009, which found that this respondent had violated Sections

21(p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7)

County of Will v. Glover Family Trust, Elaine D. Glover, Glen K. Glover

The Board found that these respondents violated Sections 21(p)(1), (p)(3), and

(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)) and assessed a

penalty of $4,500 in this administrative citation involving a Will County

Adjudicatory Cases

People of the State of Illinois v. Vithalbhai Patel

– In this air enforcement

action concerning a Madison 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)), accepted a stipulation and settlement

agreement, and ordered the respondent to pay a total civil penalty of

$30,000.00, and to cease and desist from further violations.

People of the State of Illinois, ex rel. Lisa Madigan, Attorney General of the

State of Illinois v. Plastic Capacitors, Inc., – In this air 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)), accepted a stipulation and settlement agreement, and

ordered the respondent to pay a total civil penalty of $1,000.00, and to cease

and desist from further violations.

People of the State of Illinois v. Carri Scharf Materials Company, d/b/a

Farmdale Sand & Gravel Pit

Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request relief from the hearing

requirement in this land enforcement action involving a Tazewell County

facility, the Board ordered publication of the required newspaper notice.

United City of Yorkville v. Hamman Farms

– The Board denied respondent’s

motions to reconsider the Board’s October 16, 2008 decision and to dismiss as

duplicative count I and count II of the complaint. Additionally, the Board

denied complainant’s December 1, 2008 motion for leave to file an amended

complaint. The Board granted complainant leave to file an amended complaint

by May 4, 2009, that cures the previously noted deficiencies in count III.

Intermart, Inc. v. IEPA

The Board granted this Kane County facility’s

motion for voluntary dismissal of this underground storage tank appeal.

John Tarkowski v. IEPA

– The Board directed petitioner to file proof of

service of this action on the Illinois Environmental Protection Agency on or

before April 24, 2009, or this action will be subject to dismissal.

Environmental Register – April 2009

People of the State of Illinois, Lisa Madigan v. Citgo Petroleum Corporation

In this land enforcement action concerning a Will 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)), accepted a

stipulation and settlement agreement, and ordered the respondent to pay a total

civil penalty of $5,000.00, and to cease and desist from further violations.

People of the State of Illinois v. Par Development, Inc.

– The Board accepted

for hearing this water enforcement action involving a site located in McHenry

Timberline, LLC – Rushville v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Timberline, LLC located in Schuyler

County are pollution control facilities for the purpose of preferential tax

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

Western Creek Farms, LLC – LaHarpe v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Western Creek Farms, LLC located in

Hancock County are pollution control facilities for the purpose of preferential

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

Pinnacle Genetics, LLC – Colchester v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Pinnacle Genetics, LLC located in

McDonough County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

April 16, 2009

Chicago, Illinois

Rulemakings

In the Matter of: Amendments to 35 Ill. Adm. Code 225: Control of

Emissions From Large Combustion Sources (Mercury Monitoring) – The

Board adopted a second notice opinion and order in this rulemaking to amend

the Board’s air pollution control regulations.

Adjusted Standards

In the Matter of: Amendments to 35 Ill. Adm. Code 225: Control of

Emissions From Large Combustion Sources (Mercury Monitoring) – The

Board adopted a second notice opinion and order in this rulemaking to amend

the Board’s air pollution control regulations.

Environmental Register – April 2009

Administrative Citations

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

– The Board entered

an interim opinion and order finding respondents violated Sections 21(p)(1)

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

penalty of $3,000. The Board ordered the Clerk of the Board and the County

of Jackson to file within 21 days a statement of hearing costs, supported by

affidavit, with service on respondent. Respondents may respond to the cost

statement within 14 days of service.

IEPA v. Info Corner Materials, Inc.

– The Board found that this Sangamon

County respondent violated Sections 21(p)(1) and (p)(7) of the Act (415 ILCS

5/21(p)(1),(p)(7) (2006)), and ordered respondent to pay a civil penalty of

Adjudicatory Cases

People of the State of Illinois v. Felker Pharmacy, Inc., and Rod Bennett

Construction, Inc., v. McClellan Blakemore Architects, Inc. and Wendler

Engineering Services, Inc. – Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request relief from the hearing

requirement in this water enforcement action involving a Lee County facility,

the Board ordered publication of the required newspaper notice.

Caseyville Sport Choice, LLC v. Erma I. Seiber, Administratrix of the Estate

of James A. Seiber, Deceased, and Erma I. Seiber in her individual capacity,

and Fairmount Park, Inc. – The Board granted Caseyville Sport Choice, LLC’s

motion to dismiss the counterclaim of Fairmount Park, Inc.

Wauconda Community Unit School District #118 v. IEPA

granted this Lake County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

People of the State of Illinois v. Distinctive Homes, Ltd and Distinctive

Companies, Ltd, – 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 Cook County facility, the Board

ordered publication of the required newspaper notice.

Dalee Oil v. IEPA

– The Board granted this Madison County facility’s motion

for voluntary dismissal of this underground storage tank appeal.

Hannel Oil Company, an Illinois Corporation v. IEPA

The Board granted

this Morgan County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

People of the State of Illinois v. Lewis Development, LLC

– 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 Peoria County facility, the Board ordered publication of the required

newspaper notice.

Waste Management of Illinois, Inc. and Kendall Land and Cattle, LLC v.

County Board of Kendall County – The Board declined to consider the

Kendall County Board’s combined response as either a response to the original

motions for leave to file an

brief or as a reply to petitioner’s objections

to those motions. The Board denied the Village of Minooka’s (Minooka)

motion for leave to file a reply as moot, as the Board has granted Minooka’s

motion for leave to file an

brief in an order dated March 5, 2009.

Environmental Register – April 2009

People of the State of Illinois v. Brent Speckhart, d/b/a Brent Speckhart Swine

Farm – In this water enforcement action concerning a Adams 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)), accepted a

stipulation and settlement agreement, and ordered the respondent to pay a total

civil penalty of $7,000, and to cease and desist from further violations.

People of the State of Illinois v. Summer Ridge, L.L.C. and Stark Excavating,

Inc. – Upon receipt of a proposed stipulation and settlement agreement and an

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

enforcement action involving a Peoria County facility, the Board ordered

publication of the required newspaper notice.

People of the State of Illinois v. David J. Shultz

– The Board accepted for

hearing this air enforcement action involving a site located in Sangamon

People of the State of Illinois v. Andalusia Ventures, L.L.C.

accepted for hearing this water enforcement action involving a site located in

Rock Island County.

Flint Hills Resources, LP, Carbon Adsorber (NH-804) v. IEPA

– Upon receipt

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

found and certified that specified facilities of Flint Hills Resources, LP located

in Will County are pollution control facilities for the purpose of preferential

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

Flint Hills Resources, LP, Scrubber (HT-1404) v. IEPA

– Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Flint Hills Resources, LP located in

Will County are pollution control facilities for the purpose of preferential tax

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

Flint Hills Resources, LP, Scrubber (KT-110) v. IEPA

– Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Flint Hills Resources, LP located in

Will County are pollution control facilities for the purpose of preferential tax

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

LaMoine Valley Farms, LLC v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of LaMoine Valley Farms, LLC located in

Hancock County are pollution control facilities for the purpose of preferential

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

Riverview Frenetics – Centralia v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Riverview Frenetics-Centralia located in

Clinton County are pollution control facilities for the purpose of preferential

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

Saluki Farms – Mulkeytown v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Saluki Farms-Mulkeytown located in

Franklin County are pollution control facilities for the purpose of preferential

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

Environmental Register – April 2009

April 2, 2009 Board Meeting

People of the State of Illinois v. Par Development, Inc.

– The Board accepted for hearing this water

enforcement action involving a site located in McHenry County.

Timberline, LLC – Rushville v. IEPA

- Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Timberline, LLC located in Schuyler

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

ILCS 200/11-10 (2006)).

Western Creek Farms, LLC – LaHarpe v. IEPA

– Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities of Western Creek Farms, LLC

located in Hancock County are pollution control facilities for the purpose of preferential tax treatment under the

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

Pinnacle Genetics, LLC – Colchester v. IEPA

– Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities of Pinnacle Genetics, LLC located

in McDonough County are pollution control facilities for the purpose of preferential tax treatment under the

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

April 16, 2009 Board Meeting

People of the State of Illinois v. Summer Ridge, L.L.C. and Stark Excavating, Inc. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request relief from the hearing requirement

in this land enforcement action involving a Peoria County facility, the Board ordered publication of the required

newspaper notice.

People of the State of Illinois v. David J. Shultz

– The Board accepted for hearing this air enforcement action

involving a site located in Sangamon County.

People of the State of Illinois v. Andalusia Ventures, L.L.C.

– The Board accepted for hearing this water

enforcement action involving a site located in Rock Island County.

Flint Hills Resources, LP, Carbon Adsorber (NH-804) v. IEPA

– Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and certified that specified facilities of Flint Hills

Resources, LP located in Will County are pollution control facilities for the purpose of preferential tax treatment

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

Flint Hills Resources, LP, Scrubber (HT-1404) v. IEPA

– Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and certified that specified facilities of Flint Hills

Resources, LP located in Will County are pollution control facilities for the purpose of preferential tax treatment

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

Flint Hills Resources, LP, Scrubber (KT-110) v.

IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and certified that specified facilities of Flint Hills

Resources, LP located in Will County are pollution control facilities for the purpose of preferential tax treatment

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

LaMoine Valley Farms, LLC v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of LaMoine Valley Farms, LLC located in

Hancock County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax

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

Riverview Frenetics – Centralia v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Riverview Frenetics-Centralia located in

Clinton County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax

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

Saluki Farms – Mulkeytown v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Saluki Farms-Mulkeytown located in

Environmental Register – April 2009

Franklin County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax

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

Provisional Variance

Village of Odell v. Illinois Environmental Protection Agency (IEPA 09-5)

On April 8, 2009, the Illinois

Environmental Protection Agency (IEPA) granted the Village of Odell’s (Village) request for a provisional variance

from effluent limits contained in NPDES Permit ILG580043. The Village sought the provisional variance to allow

the necessary time to complete an upgrade project on its wastewater treatment facility. The IEPA granted the

provisional variance from effluent limits required in NPDES Permit ILG580043, subject to conditions. The

provisional variance began April 8, 2009, and shall end no later than May 15, 2009.

Flint Hills Resources, LLP. – Joliet v. IEPA

(IEPA 09-06)

On May 4, 2009, the Illinois Environmental

Protection Agency (IEPA) granted a provisional variance from certain conditions contained in its CAAPP permit

(permit no. 96010025, conditions 7.7(a) and 7.7.5(b)) for Flint Hills Resources (FHR). FHR requested the

provisional variance for a planned natural gas outage at its facility in Joliet. The provision variance was granted

subject to conditions. The provisional variance commenced on May 4, 2008 and ended May 8, 2009.

Public Act 93-0152 (Senate Bill 222) amended Sections 35-37 of the Illinois Environmental Act (415 ILCS 5/5(b)

(2002)) so that provisional variances are issued by the Illinois Environmental Protection Agency (IEPA). If the

IEPA grants a provisional variance, then the IEPA must file a copy of its written decision with the Board. The

Board must maintain copies of the provisional variances for public inspection. Copies of provisional variances

can be obtained by contacting the Clerk’s Office at (312) 814-3620, or by visiting the Board’s Website at

www.ipcb.state.il.us. If the IEPA denies a provisional variance request, then the applicant may initiate a

proceeding with the Board for a full variance.

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

May 6, 2009)

James R. Thompson Center

100 W. Randolph Street

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

Ameren Energy Generating Company v.

City Hall Council Chambers

120 E. Ryder Street

Environmental Register – April 2009

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

James R. Thompson Center

100 W. Randolph Street

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

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

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. Michael

Collins, d/b/a C & R Construction

St. Clair County Building

10 Public Square

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

And

Environmental Register – April 2009

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List - Public Water Supplies

SYSTEM NAME

EPA

RGN

NATURE OF PROBLEM

POP

DATE

ALTERNATIVE BEHAVIOR TREATMENT CENTER -

INADEQUATE PRESSURE TANK

ARLINGTON REHABILITATION LIVING CENTER - IL0971110

INADEQUATE HYDRO STORAGE

ATHENS – IL1290050

INADEQUATE TREATMENT

AURORA COMMUNITY WATER ASSN - IL0895750

INADEQUATE PRESSURE TANK

BAHL WATER CORP - IL0855200

INADEQUATE PRESSURE TANK

BALCITIS PUMP CORP - IL2015100

INADEQUATE STORAGE

BRADLEY HEIGHTS SUBDIVISION - IL2015050

INADEQUATE PRESSURE TANK

BUFFALO HOLLOW FARMS WATER ASSOCIATION –

INADEQUATE PRESSURE

CARROLL HEIGHTS UTILITIES COMPANY - IL0155200

INADEQUATE PRESSURE TANK

CENTURY PINES APARTMENTS - IL0150020

INADEQUATE PRESSURE TANK

CHANDLERVILLE - IL0170200

INAD & UNAPPROVED STORAGE

CHESTERFIELD – IL1170200

TOTAL TRIHALOMETHANE

COOKSVILLE - IL1130400

TTHM & HALOACIDIC ACIDS

COYNE CNTR COOP - IL1615150

INADEQUATE PRESSURE TANK

CROPSEY COMMUNITY WATER - IL1135150

INADEQUATE PRESSURE TANK

CRYSTAL CLEAR WATER COMPANY - IL1115150

INADEQUATE PRESSURE TANK

D L WELL OWNERS ASSOCIATION - IL0975380

INADEQUATE PRESSURE TANK

DE KALB UNIV DVL CORP - IL0375148

INADEQUATE PRESSURE TANK

DEERING OAKS SUBDIVISION - IL1115200

INADEQUATE PRESSURE TANK

DOVER - IL0110350

INADEQUATE PRESSURE TANK

EAST END WATER ASSOCIATION - IL1610140

INADEQUATE STORAGE CAPACITY

EAST MORELAND WATER CORPORATION - IL1975640

INADEQUATE PRESSURE TANK

EASTMORELAND WTR SERVICE ASSN - IL1975600

INADEQUATE PRESSURE TANK

EVERGREEN VILLAGE SUBDIVISION - IL1615310

INADEQUATE PRESSURE TANK

FAHNSTOCK COURT SUBDIVISION - IL1435200

INADEQUATE PRESSURE TANK

FAIR ACRES SUBDIVISION - IL1975680

INADEQUATE PRESSURE TANK

FOREST LAKE ADDITION - IL0975500

INADEQUATE PRESSURE TANK

FRWRD-SKYLINE PLANT - IL0895030

INADEQUATE PRESSURE TANK

GARDEN STREET IMPROVEMENT ASSOCIATION -

INADEQUATE PRESSURE TANK

Environmental Register – April 2009

SYSTEM NAME

EPA

RGN

NATURE OF PROBLEM

POP

DATE

GOOD SHEPHERD MANOR - IL0915189

INADEQUATE PRESSURE TANK

GREAT OAKS AND BEACON HILLS APARTMENTS -

INADEQUATE PRESSURE TANK

HAWTHORN WOODS - IL0970450

INADEQUATE PRESSURE TANK

HEATHERFIELD SUBDIVISION - IL0635150

INADEQUATE PRESSURE TANK

HETTICK - IL1170500

HIGHLAND SUBDIVISION - IL0895530

INADEQUATE PRESSURE TANK

HILLVIEW SUBDIVISION - IL1975800

INADEQUATE PRESSURE TANK

HOLY FAMILY VILLA - IL0310280

INADEQUATE PRESSURE TANK

INGALLS PARK SUBDIVISION - IL1975880

INADEQUATE PRESSURE TANK

LAKE LYNWOOD WATER SYSTEM - IL0735330

INADEQUATE PRESSURE TANK

LARCHMONT SUBDIVISION - IL2015290

INADEQUATE PRESSURE TANK

LARSON COURT APARTMENTS - IL1615728

INADEQUATE PRESSURE TANK

LEGEND LAKES WATER ASSOCIATION - IL2015300

INADEQUATE PRESSURE TANK

LIBERTY PARK HOMEOWNERS ASSOCIATION - IL0435600

INADEQUATE PRESSURE TANK

LINDENWOOD WATER ASSOCIATION - IL1415300

INADEQUATE PRESSURE TANK

LISBON NORTH, INC. - IL0631000

INADEQUATE PRESSURE TANK

LONDON MILLS - IL0574620

INADEQUATE PRESSURE TANK

LYNN CENTER - IL0735100

INADEQUATE PRESSURE TANK

LYNNWOOD WATER CORPORATION - IL0995336

INADEQUATE PRESSURE TANK

M C L W SYSTEM, INC. - IL1315150

INADEQUATE SOURCE

MENARD RURAL WATER CO

.(SWEETWATER SYSTEM)- IL1290010

INADEQUATE SOURCE CAPACITY

MOUND PWD - IL1635050

INADEQUATE PLANT CAPACITY

NORTHWEST BELMONT IMPRV ASSN - IL0435900

INADEQUATE PRESSURE TANK

OAK RIDGE SD - IL2035300

INADEQUATE PRESSURE TANK

OPHIEM PWS - IL0735150

INADEQUATE PRESSURE TANK

OSCO MUTUAL WATER SUPPLY COMPANY, INC. -

INADEQUATE PRESSURE TANK

PANAMA - IL0054720

TTHM, DBP, INAD STORAGE

PATOKA - IL1210400

INADEQUATE PLANT CAPACITY

POLO DR AND SADDLE RD SUBDIVISION - IL0437000

INADEQUATE PRESSURE TANK

PORTS SULLIVAN LAKE OWNERS ASSOCIATION -

INADEQUATE PRESSURE TANK

PRAIRIE RIDGE ASSOCIATION - IL1115730

INADEQUATE PRESSURE TANK

RIDGECREST NORTH SUBDIVISION - IL0635250

INADEQUATE PRESSURE TANK

RIDGEWOOD LEDGES WATER ASSOCIATION - IL1615670

INADEQUATE PRESSURE TANK

RIDGEWOOD SUBDIVISION - IL1977650

INADEQUATE PRESSURE TANK

Environmental Register – April 2009

SYSTEM NAME

EPA

RGN

NATURE OF PROBLEM

POP

DATE

SHAWNITA TRC WATER ASSOCIATION - IL1977690

INADEQUATE PRESSURE TANK

SILVIS HEIGHTS WATER CORP - IL1615750

INADEQUATE HYDRO STORAGE

SKYVIEW SBDV - IL0915526

INADEQUATE PRESSURE TANK

ST CHARLES COMMSSION WELLFUND 3 - IL0437040

INADEQUATE PRESSURE TANK

STRATFORD WEST APARTMENTS - IL1095200

INADEQUATE PRESSURE TANK

SUBURBAN HEIGHTS SUBDIVISION - IL1615800

INADEQUATE PRESSURE TANK

SUMMIT HOMEOWNERS ASSOCIATION - IL0975280

INADEQUATE PRESSURE TANK

SUNNY HILL ESTATES SUBDIVISION - IL0735300

INADEQUATE PRESSURE TANK

SUNNYLAND SUBDIVISION - IL1977730

INADEQUATE PRESSURE TANK

SWEDONA WATER ASSOCIATION - IL1315200

INADEQUATE PRESSURE TANK

SYLVAN LAKE 1ST SUBDIVISION - IL0977100

INADEQUATE PRESSURE TANK

TOWNERS SUBDIVISION - IL0977250

INADEQUATE PRESSURE TANK

UTILITIES INC HOLIDAY HILLS - IL1115350

INADEQUATE PRESSURE TANK

UTL INC-LAKE HOLIDAY - IL0995200

INAD SOURCE & TREATMENT PLT

UTL INC-NORTHERN HILLS UTLITIES COMPANY -

INADEQUATE PRESSURE TANK

UTL INC-WALK-UP WOODS WATER COMPANY - IL1115800

INADEQUATE PRESSURE TANK

WEST SHORE PARK SUBDIVISION - IL0977370

INADEQUATE PRESSURE TANK

WEST SHORELAND SUBDIVISION - IL0977050

INADEQUATE PRESSURE TANK

WIENEN ESTATES - IL0850030

INADEQUATE PRESSURE TANK

WONDER LAKE WATER COMPANY - IL1115750

INADEQUATE PRESSURE TANK

WATER SYSTEMS REMOVED FROM PREVIOUS LIST

* DENOTES ADDED WATER SUPPLIES

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List - Public Water Supplies

SYSTEM NAME

EPA

RGN

NATURE OF PROBLEM

POP

DATE

ANDALUSIA - IL1610050

INADEQUATE PRESSURE TANK

ARENZVILLE - IL0170050

INADEQUATE PRESSURE TANK

BEASON CHESTNUT PWD - IL1075150

INAD PLANT & SOURCE CAP

BROWNING - IL1690050

INADEQUATE SOURCE CAPACITY

Environmental Register – April 2009

SYSTEM NAME

EPA

RGN

NATURE OF PROBLEM

POP

DATE

CANTON – IL0570250

INSUFFICIENT TREATMENT

CASEYVILLE - IL1630250

INADEQUATE STORAGE

CEDARVILLE - IL1770050

EMERGENCY POWER

COLLINSVILLE – IL1194280

INADEQUATE STORAGE

COLUMBIA - IL1330050

INADEQUATE PUMPING CAPACITY

CROPPERS 1ST 4TH AND 5TH ADDITION - IL1615250

UNDERSIZED WATERMAINS

EDWARDSVILLE – IL1190250

INSUFFICIENT PLANT CAPACITY

TO HANDLE PEAK SYSTEM WATER

EFFINGHAM – IL0490250

INADEQUATE DISINFECTION

ELIZABETH - IL0850150

LOW SYSTEM PRESSURE

ELLIS GROVE – IL1570200

INSUFFICIENT STORAGE

EXETER-MERRITT WATER COOP - IL1710010

INADEQUATE PRESSURE TANK

GALENA - IL0850200

LOW SYSTEM PRESSURE

GRIGGSVILLE – IL1490300

INADEQUATE TREATMENT PLANT

HAMEL - IL1190450

INADEQUATE STORAGE CAPACITY

HOLIDAY SHORES SD - IL1195110

INADEQUATE STORAGE CAPACITY

*IL AMERICAN-ALTON

APPROACHING WATER

TREATMENT PLANT CAPACITY

JOY - IL1310100

LOW SYSTEM PRESSURE

LA MOILLE - IL0110500

INADEQUATE PLANT CAPACITY

LA SALLE - IL0990300

INAD PLANT & SOURCE CAPACITY

LACON - IL1230100

UNDERSIZED WATERMAINS

LEE - IL1034600

INADEQUATE PRESSURE TANK

MALDEN - IL0110550

UNDERSIZED WATERMAINS

MARION - IL1990550

INADEQUATE SOURCE CAPACITY

MARYVILLE – IL1190750

INADEQUATE STORAGE

MASON CITY - IL1250350

INADEQUATE STORAGE CAPACITY

MATHERSVILLE - IL1310200

INADEQUATE SYSTEM PRESSURE

MC HENRY SHORES WATER COMPANY - IL1115020

LOW SYSTEM PRESSURE

MECHANICSBURG-BUFFALO WTR CMSN - IL1675150

INADEQUATE SOURCE CAPACITY

O’FALLON – IL1631100

INADEQUATE STORAGE CAPACITY

OTTER LAKE WTR CMSN ADGPTV – IL1175200

INADEQUATE PLANT CAPACITY

SCALES MOUND - IL0850400

LOW SYSTEM PRESSURE

Environmental Register – April 2009

SYSTEM NAME

EPA

RGN

NATURE OF PROBLEM

POP

DATE

SENECA - IL0991050

INADEQUATE PLANT CAPACITY

AND UNDERSIZED WATER MAINS

SOUTH HIGHWAY PWD - IL0775400

LOW SYSTEM PRESSURE &

UNDERSIZED WATERMAINS

STOCKTON - IL0850450

LOW SYSTEM PRESSURE

SUMNER - IL1010300

LOW SYSTEM PRESSURE

UTL INC-LAKE MARIAN WATER CORPORATION - IL0895200

INAD PRES STORAGE & LOW SYS

WALNUT HILL - IL1210600

LOW SYSTEM PRESSURE

WATERLOO - IL1330300

INADEQUATE STORAGE

WITT – IL1350850

INADEQUATE TREATMENT

WORDEN - IL1191200

INADEQUATE STORAGE CAPACITY

WATER SYSTEMS REMOVED FROM PREVIOUS LIST

DEPUE – (IL0110300)

* DENOTES ADDED WATER SUPPLIES

IL AMERICAN – ALTON (IL1195150)

Restricted Status/Critical Review

The Environmental Protection Act prohibits the Agency from issuing a construction permit that will cause or

extend a violation. A construction permit to expand the distribution system cannot be granted when a water

supply has a maximum contaminant level or treatment technique violation, an inadequate source of raw

water supply, inadequate treatment plant capacity, finished water storage or distribution system pressure. A

Restricted Status List is published quarterly in the Illinois Pollution Control Board Environmental Register to

notify those persons considering expansion of a water supply distribution system of that status before large

sums of money have been spent on items such as land acquisition, financing and engineering fees. A

companion Critical Review List is published concurrently with the Restricted Status List and has the water

supplies that are approaching a point where the supply could be placed on Restricted Status. A permit

application from a supply on Critical Review will be examined carefully to ensure that the proposed

construction will not cause a violation. Restricted Status and Critical Review are presented as a combined list

with the status of the water supply denoted as either RS (Restricted Status) or CR (Critical Review). The

current list reflects the status as of April 1, 2009. An asterisk, * , beside the water supply indicates public

water supplies that have been added to the Restricted Status/Critical Review list since the previous

Restricted Status List

The Restricted Status List was developed to give additional notification to officials of public water supplies

which are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois

Environmental Protection Act.

The Restricted Status List will include all Public Water Supplies for which the Agency has information

indicating a violation of any of the following requirements: Finished water quality requirements of 35 Ill.

Adm. Code, Part 604, Subparts B and C; maintenance of adequate pressure on all parts of the distribution

system under all conditions of demand; meeting raw water quantity requirements of 35 Ill. Adm. Code

604.502; or maintenance of treatment facilities capable of providing water "assuredly adequate in quantity"

as required by Section 18 of the Illinois Environmental Protection Act.

Environmental Register – April 2009

A public water supply on the Restricted Status List will not be issued permits for water main extensions,

except for certain limited situations, or unless the supply has been granted a variance from the Illinois

Pollution Control Board for the violation, or from permit issuance requirements of Section 39 of the Act.

This list is continually being revised as new information becomes available, and therefore, specific inquiries

as to the status of any public water supply should be directed to the Division of Public Water Supplies for

final determination.

Critical Review List

The Critical Review List was developed to give additional notification to officials of public water supplies

which may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or

the Illinois Environmental Protection Act.

A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of

the violations that would place it on the Restricted Status List.

This list is continually being revised as new information becomes available, and therefore, specific inquiries

as to the status of any public water supply should be directed to the Division of Public Water Supplies for

final determination.

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Environmental Register Comment Card

The Illinois Pollution Control Board is an independent five-member board

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

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