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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 May, the Board continued to progress on a number of open rulemaking dockets.

The Board adopted some air rules, while proceeding to second notice in dockets which

have been expedited. The Board continued to hold hearings in 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, holding the 29

day of hearings since the rulemaking was proposed on

October 26, 2007. Below, I’ve summarized other recent activity. More specific

information about these proceedings is available through the Clerk’s Office Online

(COOL) on 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 May 21, 2009, the Board adopted a second-

notice opinion and order.

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 three additional days of hearing in May and has scheduled additional days of hearing

in Chicago during July and August.

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

Code Part 223: On May 7, 2009, after the Joint Committee on Administrative Rules (JCAR) issued a “Certificate of

No Objection,” the Board approved a final order adopting these regulations.

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

and 217: At its meeting on May 7, 2009, the Board adopted a first-notice opinion and order.

33 Ill. Reg. 6896,

6921 (May 22, 2009).

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

May 21, 2009, after JCAR issued a Certificate of No Objection, the Board approved a final order adopting this site-

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: At its meeting on May 7, 2009, the Board accepted this rulemaking

proposal filed by the Illinois Environmental Protection Agency and authorized first-notice publication of the

proposal without comment on it substantive merits. Hearing will take place June 18, 2009, in Chicago and July 23,

2009, in Springfield.

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 – May 2009

Inside This Issue:

RULEMAKING UPDATE

Rulemaking Update

Board Adopts Final Rules In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and

Limitations for Organic Material Emissions for Area Sources (R08-17)

The Illinois Pollution Control Board, on May 7, 2009, adopted final rules amending its air pollution regulations.

The rules are based on the January 2, 2008, the Illinois Environmental Protection Agency (IEPA) rulemaking

proposal docketed as In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and Limitations for

Organic Material Emissions for Area Sources (R08-17). The final rules are intended to reduce emissions of volatile

organic material (VOM or VOC) from various product categories.

In an October 16, 2008 first-notice opinion and order, the Board proposed to regulate VOM emissions from

consumer and commercial products and architectural and industrial maintenance products. In its March 19, 2009

second notice order, the Board extended the implementation date to July 1, 2009 in response to public comment.

The Board’s final rules make only three specific technical changes recommended by the Joint Committee on

Administrative Rules (JCAR). JCAR voted on April 21, 2009 to issue a certificate of no objection to these rules.

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 Expedited First Notice Proposal After Hearings in In the Matter of: Amendments to 35 Ill.

Adm. Code 217, Nitrogen Oxides Emissions, and 35 Ill. Adm. Code 211 (R08-19)

The Illinois Pollution Control Board, on May 7, 2009 adopted a first notice opinion and order proposing to amend

Parts 211 and 217 of the Board’s air pollution regulations. The rules are based on the May 9, 2008 Illinois

Environmental Protection Agency (IEPA) proposal, docketed as In the Matter of: Amendments to 35 Ill. Adm.

Code 217, Nitrogen Oxides Emissions, and 35 Ill. Adm. Code 211 (R08-19). On April 2, 2009, the Board by order

agreed to expedite this proceeding to facilitate State submission to the United States Environmental Protection

Agency of an approvable State Implementation Plan (SIP) for ozone attainment; nitrogen oxides (NO

) is one of the

two primary precursors for the formation of ozone.

Environmental Register, No. 658 at pp.2-3 (Aor. 2009).

The first notice proposal reflects comments the Board received at the three hearings held on the proposal, and

includes IEPA’s January 30, 2009 and March 23, 2009 amendments to the proposal based on negotiations with

interested parties.

Generally, the proposed amendments will control emissions from major stationary sources in nonattainment areas,

and from emission units including industrial boilers, process heaters, glass melting furnaces, cement kilns, lime

kilns, furnaces used in steelmaking and aluminum melting, and fossil fuel-fired stationary boilers at such sources.

The IEPA states that it intends proposal to satisfy Illinois’ obligation to submit a SIP to address the requirements

under the federal Clean Air Act for major stationary sources of NO

in areas designated as nonattainment with

respect to National Ambient Air Quality Standards.

Publication of these proposed amendments in the

Illinois Register

will begin a 45-day public comment period.

Environmental Register – May 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.

In the Matter of: Nitrogen Oxide (NOx) Trading Program Sunset Provisions for Electric Generating Units

(EGUs): New 35 Ill. Adm. Code 217.751 (R09-20)

On May 7, 2009, the Illinois Pollution Control Board accepted for hearing and authorized first notice publication,

without comment on the merits, of an April 21, 2009 Illinois Environmental Protection Agency (IEPA) proposal

that would sunset the provisions of the Nitrogen Oxides (NOx) Trading Program rules for electrical generating units

(EGUs). The rulemaking proposal is docketed as In the Matter of: Nitrogen Oxide (NOx) Trading Program Sunset

Provisions for Electric Generating Units (EGUs): New 35 Ill. Adm. Code 217.751. Along with this proposal, IEPA

filed a motion for expedited review requesting immediate first notice publication and the scheduling of hearings as

soon as possible.

In its statement of reasons, the IEPA states that Illinois adopted both the NOx rules at 35 Ill. Adm. Code Part 217

and the Clean Air Interstate Rule (CAIR) at 35 Ill. Adm. Code Part 225 after adoption of similar rules by the United

States Environmental Protection Agency (USEPA). USEPA has approved both sets of rules for inclusion in the

State Implementation Plan (SIP) for ozone attainment. As do the USEPA rules, the CAIR provisions as set forth in

35 Ill. Code Part 225.Subpart E include a trading program for control of NOx emissions during the ozone season

that replaces the provisions in Part 217.Subpart W for EGUs beginning with the 2009 control period (May 1

through September 30) and thereafter.

But, due to a federal court ruling concerning the federal CAIR rules in

North Carolina

(C.A.D.C. Cir. 2008), USEPA must take additional action concerning its rules. To solve the problem, in 40 CFR

51.123(bb)(1)(i),USEPA has provided that states such as Illinois with approved CAIR programs may revise their

applicable SIP so that the provisions of the NOx SIP Call Trading Program do not apply to affected EGUs.

IEPA’s proposal requesting the Board to amend the Illinois rules is the first step to revision of the SIP. IEPA

correctly states that EGUs must comply with two sets of duplicative administrative requirements for the 2009 ozone

season and beyond: the CAIR requirements at Part 225 and the Illinois NOx Trading Program at Part 217. To

address and remove the duplication, the IEPA proposes to sunset the provisions of the NOx Trading Program, by

adding a new Part 217.751 to sunset the rules beginning with the 2009 ozone control season.

The Board denied the motion for expedited consideration, but authorized first-notice publication of the proposal

without comment on the proposal’s merits. The Board stated that it simply cannot grant expedited consideration to

every rulemaking, noting that it was currently giving expedited treatment to three other air rulemakings. Hearings

are scheduled for June 18, 2009 in Chicago and July 23, 2009 in Springfield. Procedural details concerning the pre-

filing of testimony are contained in a May 13, 2009 hearing officer order.

Publication of these proposed amendments in the

Illinois Register

will begin a 45-day public comment period,

during which anyone may file a public comment with the Board. The Board encourages persons to file public

comments on these proposed amendments. The docket number for this rulemaking, R09-20, should be included on

any public comment.

Public comments must be filed with the Clerk of the Board at the following address:

Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, IL 60601

In addition, public comments may be filed electronically through COOL at www.ipcb.state.il.us

. Any questions

about electronic filing through COOL should be directed to the Clerk’s Office at (312) 814-3629

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.

Environmental Register – May 2009

For more information contact Kathleen Crowley at 312-814-6929 or email at crowlek@ipcb.state.il.us.

Board Adopts Second Notice Proposal in In the Matter of: 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 (R07-19)

On May 21, 2009, the Illinois Pollution Control Board adopted for second notice review by the Joint Committee on

Administrative Rules amendments to its regulations governing emission of nitrogen oxides (NO

). The amendments

are based on a 2007 Illinois Environmental Protection Agency (IEPA) proposal docketed as In the Matter of:

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 (R07-19). On April 2,

2009, the Board by order agreed to expedite this proceeding to facilitate State submission to the United States

Environmental Protection Agency of an approvable State Implementation Plan (SIP) for ozone attainment; nitrogen

) is one of the two primary precursors for the formation of ozone.

Environmental Register, No. 658

at pp.2-3 (Aor. 2009).

The second-notice amendments are intended 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 or 3.5 megawatts. The IEPA stated that the proposed regulations would help Illinois meet Clean

Air Act requirements for NO

reasonably available control technology under the eight-hour National Ambient Air

Quality Standard for ozone and would also improve air quality by reducing precursors of fine particulate matter.

On January 10, 2008, the Board granted a motion by IEPA to proceed with an amended proposal in this rulemaking.

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

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 Final Rules 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 May 21, 2009, adopted final rules in an 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).

On August 29, 2008, the City of Springfield, Office of Public Utilities, City Water, Light, and Power (CWLP), and

Springfield Metro Sanitary District (District) proposed this site-specific rulemaking for alternative water quality

standards for boron. The Board held hearings on November 3 and December 16, 2008.

The adopted rule establishes an alternative water quality standard for boron from the point of discharge at Outfall

007 from the District’s Spring Creek Sanitary Treatment Plant to the Sangamon River, to the confluence with the

Illinois River, and in the Illinois River 100 yards downstream from confluence of the Sangamon River. Section

302.208(g) (35 Ill. Adm. Code 302.208(g)) of the Board’s water quality rules sets a general use boron water quality

standard of 1.0 milligrams per liter (mg/L) and Section 304.105 (35 Ill. Adm. Code 304.105)) of the Board’s rules

provides that the District’s discharge cannot violate that standard. The Board has not adopted an effluent standard

for boron; nor has the Illinois Environmental Protection Agency imposed an effluent limit on the District’s

discharge from Outfall 7 in the District’s National Pollutant Discharge Elimination Permit (NPDES).

The Board found that the rule as proposed is technically feasible, economically reasonable, protective of human

health and the environment. The site specific rule will enable the District to accept pretreated industrial effluent

from CWLP’s power plant. CWLP’s power plant effluent causes increased boron levels in the effluent stream and

is necessary to meet the power needs for the City of Springfield and surrounding communities. This site specific

rule allows CWLP to operate the power plants in compliance with the NPDES permits and State and Federal air

Environmental Register – May 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.

Board Actions

May 7, 2009

Via Video Conference

Springfield and Chicago, Illinois

Rulemakings

In the Matter of: Standards and Limitations for Organic Material Emissions

for Area Sources Proposed New 35 Ill. Adm. Code Part 223 – The Board

adopted a final opinion and order in this rulemaking amending the Board’s air

pollution control regulations.

In the Matter of: Nitrogen Oxides Emissions From Various Source

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

adopted a first notice opinion and order in this rulemaking to amend the

Board’s air pollution control regulations.

In the Matter of: Nitrogen Oxide (NOx) Trading Program Sunset Provisions

for Electric Generating Units (EGU's): New 35 Ill. Adm. Code 217.751 – The

Board accepted for hearing the Illinois Environmental Protection Agency’s

April 21, 2009 proposal to amend the Board’s air pollution control

regulations. The Board also authorized a first notice proposal for publication,

without comments on the merits, and denied the motion for expedited

Administrative Citations

IEPA v. Jack Campbell

– The Board found that this White County respondent

violated Sections 21(p)(1) and (p)(7) of the Environmental Protection Act

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

penalty of $3,000.

County of Sangamon v. Landers' Children Family, LLC

– The Board found

that this Sangamon County respondent violated Sections 21(p)(1), (p)(3), and

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

(p)(7) (2006)), and ordered respondent to pay a civil penalty of $4,500.

IEPA v. Thomas, Wayne and Valerie Hill

– The Board found that these Union

County respondents violated Section 21(p)(1) of the Environmental Protection

Act (415 ILCS 5/21(p)(1),(p)(7) (2006)), and ordered respondents to pay a

civil penalty of $1,500.

IEPA v. Donald Sapp

– The Board directed respondent to file an amended

petition for review on or before June 8, 2009, or this action will be subject to

Environmental Register – May 2009

Adjudicatory Cases

Oasis Industries, Inc. v. IEPA

– The Board granted this Kane County

facility’s motion for voluntary dismissal of this permit appeal.

Fox Moraine, LLC v. United City of Yorkville, City Council: Kendall County,

Intervenor – The Board granted petitioner’s motion to “check out” a copy of

the record for use in writing its closing brief. The record must be returned by

petitioner on June 12, 2009.

Loretta Thigpen v. Morton Mobile Home Park, LLC, d/b/a Edgewood Terrace

Mobile Home Park – The Board granted this Tazewell County complainant’s

motion for voluntary dismissal of this citizen’s enforcement action.

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

Companies, Ltd, – In this water 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 respondents

to pay a total civil penalty of $10,000, and to cease and desist from further

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

Farmdale Sand & Gravel Pit – In this water enforcement action concerning a

Tazewell 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. MII, Inc..

– In this water 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 $15,000, and to cease and

desist from further violations. Respondent also agreed to pay investigative

costs in the amount of $10,000.

City of Joliet v. IEPA

– The Board denied petitioner’s motion to strike

portions of respondent’s response brief and affirmed respondent’s September

12, 2008 denial of petitioner’s requested permit modification.

Apollo Plastics Corporation v IEPA

– The Board granted this Cook County

facility’s motion for voluntary dismissal of this permit appeal.

Apollo Plastics Corporation v IEPA

– The Board granted this Cook County

facility’s motion for voluntary dismissal of this permit appeal.

Dynegy Midwest Generation v. IEPA

– The Board grants petitioner a variance

for a period beginning July 1, 2009 until March 31, 2010 from the

requirements of Sections 35 Ill. Adm. Code 225.233(c)(1 )(A), 225.233(c)(2),

225.233(c)(5), and 225.210(b) and (d), subject to the conditions.

Environmental Register – May 2009

Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital v. Chevron

U.S.A., Inc. – The Board found that the complaint was neither duplicative nor

frivolous and accepted for hearing this citizen’s land enforcement action

involving a site located in DuPage County.

Prime Location Properties, LLC v. IEPA

– The Board accepted for hearing

this underground storage tank appeal involving a Massac County facility.

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

Inc. – In this water enforcement action concerning a Peoria 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 respondents to pay a

total civil penalty of $15,000, and to cease and desist from further violations.

Sangamon Prairie Pork Farm - Williamsville v. IEPA

– Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Sangamon Prairie Pork Farm located in

Sangamon County are pollution control facilities for the purpose of

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

North Fork Pork, LLC - West Point v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of North Fork Pork, 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)).

Red Oak Hills, LLC - New Salem v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Red Oak Hills, LLC located in Pike County

are pollution control facilities for the purpose of preferential tax treatment

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

Dan Reed - Illinois City v. IEPA

– Upon receipt of the Illinois Environmental

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

specified facilities of Dan Reed located in Rock Island County are pollution

control facilities for the purpose of preferential tax treatment under the

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

Red Oak Hills, LLC - Newman v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Red Oak Hills, LLC located in Douglas

County are pollution control facilities for the purpose of preferential tax

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

Dickerson Petroleum, Inc. v . IEPA

– The Board directed petitioner to file an

amended petition on or before June 8, 2009, or this action will be subject to

Environmental Register – May 2009

Deer View LLC - West Point v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Deer View 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)).

Lone Hollow, LLC - Bowen v. IEPA

– Deer View LLC - West Point v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Lone

Hollow, 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)).

Wildcat Farms, LLC - Dallas City v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and

certified that specified facilities of Wildcat 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)).

People of the State of Illinois v. Ken Rawson, individually

– Board accepted

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

Dynegy Midwest Generation (Tilton Energy Center) v. IEPA

accepted for hearing this permit appeal involving a Vermillion County facility.

No action was taken on petitioner’s motion for partial stay of specified

conditions in the construction permit.

Ameren Energy Generating Company and Gibson City Power Plant v. IEPA

The Board accepted for hearing this permit appeal involving a Ford County

facility. No action was taken on petitioner’s motion for partial stay of

specified conditions in the construction permit.

Ameren Energy Generating Company, Electric Energy, Inc., and Midwest

Electric Power, Inc. v. IEPA – The Board accepted for hearing this permit

appeal involving a Massac County facility. No action was taken on

petitioner’s motion for partial stay of specified conditions in the construction

Ameren Energy Generating Company and Venice Power Plant v. IEPA

Board accepted for hearing this permit appeal involving a Madison County

facility. No action was taken on petitioner’s motion for partial stay of

specified conditions in the construction permit.

Holland Energy, LLC v. IEPA

– The Board accepted for hearing this permit

appeal involving a Shelby County facility. No action was taken on petitioner’s

motion for partial stay of specified conditions in the construction permit.

Ameren Energy Generating Company and Elgin Energy Center v. IEPA

Board accepted for hearing this permit appeal involving a Cook County

facility. No action was taken on petitioner’s motion for partial stay of

specified conditions in the construction permit.

Amerenue and Raccoon Creek Power Plant v. IEPA

– The Board accepted for

Environmental Register – May 2009

hearing this permit appeal involving a Clay County facility. No action was

taken on petitioner’s motion for partial stay of specified conditions in the

construction permit.

Union Electric Company d/b/a Amerenue and Goose Creek Power Plant v.

IEPA – The Board accepted for hearing this permit appeal involving a Cook

County facility. No action was taken on petitioner’s motion for partial stay of

specified conditions in the construction permit.

Union Electronic Company d/b/a Amerenue and Kinmundy Power Plant v.

IEPA – The Board accepted for hearing this permit appeal involving a Marion

County facility. No action was taken on petitioner’s motion for partial stay of

specified conditions in the construction permit.

Ameren Energy Generating Company and Grand Tower Power Plant v. IEPA

– The Board accepted for hearing this permit appeal involving a Jackson

County facility. No action was taken on petitioner’s motion for partial stay of

specified conditions in the construction permit.

Sangamon Prairie Port Farm – Williamsville v. IEPA

– Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the Board found

and certified that specified facilities of Sangamon Prairie Pork Farm located in

Sangamon County are pollution control facilities for the purpose of

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

People of the State of Illinois v. Village of Rockton

– The Board accepted for

hearing this water enforcement action involving a site located in Winnebago

May 21, 2009

Via Video Conference

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 second notice opinion and order in this rulemaking 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

adopted a final opinion and order in this rulemaking amending the Board’s

water pollution control regulations.

Environmental Register – May 2009

Adjusted Standards

In the Matter of: Petition of Westwood Lands, Inc. for an Adjusted Standard

from Portions of 35 Ill. Adm. Code 807.104 and 35 Ill. Adm. Code 810.103

or in the Alternative, a Finding of Inapplicability – The Board ordered

petitioner to file an amended petition to cure noted deficiencies on or before

June 22, 2009, the first business day after the 30th day after this order, or the

petition would be subject to dismissal. The Board denied petitioner’s motion

for expedited review.

Administrative Citations

IEPA v. Bobby G. Myers and Donald D. Myers

– The Board entered an

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

(p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3)

(2006)) and assessed a penalty of $3,000. The Board ordered the Clerk of the

Board and the Illinois Environmental Protection Agency to file on or before

June 22, 2009, a statement of hearing costs, supported by affidavit, with

service on respondent. Respondents may respond to the cost statement within

21 days of service of those statements.

IEPA v. Quinn & Glenna Hunley

– The Board granted respondents’ motion to

withdraw and dismissed their amended petition to contest the administrative

citation. The Board found that these respondents violated Sections 21(p)(1) of

the Environmental Protection Act (415 ILCS 5/21(p)(1) (2006)) and assessed

a penalty of $1,500 in this administrative citation involving a Edwards County

Adjudicatory Cases

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

Construction, Inc. – In this water enforcement action concerning a Lee 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 respondents

to pay a total civil penalty of $7,500, and to cease and desist from further

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

– In this water

enforcement action concerning a Peoria 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 respondents to pay a total civil penalty

of $7,500, and to cease and desist from further violations.

People of the State of Illinois v. Whalen Manufacturing Company, an Illinois

corporation, and Yetter Manufacturing Company – Upon receipt of a proposed

stipulation and settlement agreement and an agreed motion to request relief

from the hearing requirement in this water enforcement action involving a

McDonough County facility, the Board ordered publication of the required

newspaper notice.

John Tarkowski v. IEPA

– The Board dismissed this petition for hearing

because of petitioner’s failure to file proof of proper service on respondent.

Environmental Register – May 2009

People of the State of Illinois v. R. A. Cullinan & Sons, Inc.

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

Tazewell County.

BP Products North America, Inc. - Main Plant v. IEPA

– The Board granted

this request for a 90-day extension of time to file a permit appeal on behalf of

this Madison County facility.

People of the State of Illinois v. Tate and Lyle Ingredients Americas, Inc.

The Board accepted for hearing this air enforcement action involving a site

located in Macon County.

People of the State of Illinois v. Apollo Plastics Corporation

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

Mertz Motor Co. v. IEPA

– The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Madison County facility.

May 7, 2009 Board Meeting

Sangamon Prairie Pork Farm - Williamsville v. IEPA

– Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities of Sangamon Prairie Pork Farm

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

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

North Fork Pork, LLC - West Point v. IEPA

– Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that specified facilities of North Fork Pork, 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)).

Red Oak Hills, LLC - New Salem v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Red Oak Hills, LLC located in Pike

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

ILCS 200/11-10 (2006)).

Dan Reed - Illinois City v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Dan Reed located in Rock Island County

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

200/11-10 (2006)).

Red Oak Hills, LLC - Newman v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Red Oak Hills, LLC located in Douglas

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

ILCS 200/11-10 (2006)).

Dickerson Petroleum, Inc. v . IEPA

– The Board directed petitioner to file an amended petition on or before

June 8, 2009, or this action will be subject to dismissal.

Deer View LLC - West Point v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Deer View LLC located in Hancock

Environmental Register – May 2009

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

ILCS 200/11-10 (2006)).

Lone Hollow, LLC - Bowen v. IEPA

– Deer View LLC - West Point v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Lone

Hollow, 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)).

Wildcat Farms, LLC - Dallas City v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified facilities of Wildcat 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)).

People of the State of Illinois v. Ken Rawson, individually

– Board accepted for hearing this water

enforcement action involving a site located in McHenry County.

Dynegy Midwest Generation (Tilton Energy Center) v. IEPA

– The Board accepted for hearing this permit

appeal involving a Vermillion County facility. No action was taken on petitioner’s motion for partial stay of

specified conditions in the construction permit.

Ameren Energy Generating Company and Gibson City Power Plant v. IEPA

– The Board accepted for

hearing this permit appeal involving a Ford County facility. No action was taken on petitioner’s motion for partial

stay of specified conditions in the construction permit.

Ameren Energy Generating Company, Electric Energy, Inc., and Midwest Electric Power, Inc. v. IEPA

Board accepted for hearing this permit appeal involving a Massac County facility. No action was taken on

petitioner’s motion for partial stay of specified conditions in the construction permit.

Ameren Energy Generating Company and Venice Power Plant v. IEPA

– The Board accepted for hearing this

permit appeal involving a Madison County facility. No action was taken on petitioner’s motion for partial stay of

specified conditions in the construction permit.

Holland Energy, LLC v. IEPA

– The Board accepted for hearing this permit appeal involving a Shelby

County facility. No action was taken on petitioner’s motion for partial stay of specified conditions in the

construction permit.

Ameren Energy Generating Company and Elgin Energy Center v. IEPA

– The Board accepted for hearing

this permit appeal involving a Cook County facility. No action was taken on petitioner’s motion for partial stay of

specified conditions in the construction permit.

Amerenue and Raccoon Creek Power Plant v. IEPA

– The Board accepted for hearing this permit appeal

involving a Clay County facility. No action was taken on petitioner’s motion for partial stay of specified conditions

in the construction permit.

Union Electric Company d/b/a Amerenue and Goose Creek Power Plant v. IEPA

– The Board accepted for

hearing this permit appeal involving a Cook County facility. No action was taken on petitioner’s motion for partial

stay of specified conditions in the construction permit.

Union Electronic Company d/b/a Amerenue and Kinmundy Power Plant v. IEPA

– The Board accepted for

hearing this permit appeal involving a Marion County facility. No action was taken on petitioner’s motion for

partial stay of specified conditions in the construction permit.

Ameren Energy Generating Company and Grand Tower Power Plant v. IEPA

– The Board accepted for

hearing this permit appeal involving a Jackson County facility. No action was taken on petitioner’s motion for

partial stay of specified conditions in the construction permit.

Peter Arendovich v. the Illinois State Toll Highway Authority

– No action taken.

Sangamon Prairie Port Farm – Williamsville v. IEPA

– Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and certified that specified facilities of Sangamon Prairie

Pork Farm located in Sangamon 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 – May 2009

People of the State of Illinois v. Village of Rockton

– The Board accepted for hearing this water

enforcement action involving a site located in Winnebago County.

IEPA v. Thomas and Valerie Hill

– The Board accepted an administrative citation against these

Union County respondents.

May 21, 2009 Board Meeting

People of the State of Illinois v. R. A. Cullinan & Sons, Inc.

– The Board accepted for hearing this land

enforcement action involving a site located in Tazewell County.

BP Products North America, Inc. - Main Plant v. IEPA

– The Board granted this request for a 90-day

extension of time to file a permit appeal on behalf of this Madison County facility.

People of the State of Illinois v. Tate and Lyle Ingredients Americas, Inc.

– The Board accepted for hearing

this air enforcement action involving a site located in Macon County.

People of the State of Illinois v. Apollo Plastics Corporation

– The Board accepted for hearing this air

enforcement action involving a site located in Cook County.

Mertz Motor Co. v. IEPA

– The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Madison County facility.

IEPA v. Mark A. Lewis

– The Board accepted an administrative citation against this Clay County

IEPA v. Brian Collins

– The Board accepted an administrative citation against this Franklin County

IEPA v. The Blickhan Family Corporation, Inc. & Blick's Construction Co. Inc

– The Board accepted an

administrative citation against these Adams County respondents.

IEPA v. Gordon Investment Group, LLC

– The Board accepted an administrative citation against this

McDonough County respondent.

IEPA v. Stanley Mouser

– The Board accepted an administrative citation against this Alexander County

IEPA v. C. John Blickhan

– The Board accepted an administrative citation against this Adams County

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Prime Location Properties, LLC v. IEPA

Illinois Pollution Control Board

1021 N. Grand Avenue East,

Environmental Register – May 2009

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 County Chambers

120 E. Ryder Street

People of the State of Illinois v. Packing

Personified, Inc., and Illinois corporation

City Hall Council Room

209 North York Street

People of the State of Illinois v. Packing

Personified, Inc., and Illinois corporation

City Hall Council Room

209 North York Street

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

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: Nitrogen Oxide (NOx)

Trading Program Sunset Provisions for

electric Generating Units (EGU’s): News

35 Ill. Adm. Code 217.751

IEPA Office Building

Room 1244N, First Floor

1021 North Grand Avenue East

Environmental Register – May 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

(Continues until complete or through

July 29, 2009)

Michael Bilandic Building

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

Michael Bilandic Building

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

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

People of the State of Illinois v. General

Waste Services, Inc., and Illinois

St. Clair County Building

10 Public Square

------------------------------------------------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

contains updates on rulemakings, descriptions of final decisions, the Board’s

hearing calendar, and other environmental law information.

------------------------------------------------CUT HERE------------------------------------------------

Illinois Pollution Control Board

Environmental Register Coordinator

1021 N. Grand Avenue East

Springfield, Illinois 62794-9274