G. Tanner Girard, Acting Chairman
Board Members:
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) 814-3620
(312) 814-6032 TDD
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
(217) 524-8500
Web Site: http://www.ipcb.state.il.us
Letter from the Chairman
In October, the Board moved forward in a number of open rulemaking dockets. Below,
I’ve summarized recent activity. As always, information about these and any other
proceedings is available through the Clerk’s Office Online (COOL) through our Web
site at www.ipcb.state.il.us
.
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. On October 5, 2009, the Board held the 33rd day
of hearing on this proposal. The Board has scheduled additional days of hearing on
November 9 and 10, 2009.
R09-20 In the Matter of: Nitrogen Oxide (NO
x
) Trading Program Sunset Provisions for
Electric Generating Units (EGU's): New 35 Ill. Adm. Code 217.751: The Board
adopted regulations in its final opinion and order in this docket.
R10-8 In the Matter of: Reasonably Available Control Technology (RACT) for
Volatile Organic Material Emissions from Group II Consumer & Commercial Products: Proposed Amendments to
35 Ill. Adm. Code 211, 218, and 219. On October 27, 2009, in Edwardsville the Board held its first hearing on the
proposal filed by the Illinois Environmental Protection Agency. The second hearing will begin on December 8,
2009, in Chicago.
R10-10 In the Matter of: Reasonably Available Control Technology (RACT) for Volatile Organic Material
Emissions from Group III Consumer & Commercial Products: Proposed Amendments to 35 Ill. Adm. Code 218
and 219. On October 23, 2009, the Illinois Environmental Protection Agency filed this proposal under the “fast-
track” rulemaking authority at Section 28.5 of the Environmental Protection Act, which was recently re-enacted in
Public Act 96-0308. Section 28.5 requires the Board to proceed toward adoption of the proposed regulations by
meeting a series of strict deadlines.
Sadly, on another note, my Board colleagues join me in expressing our appreciation to Dr. Shundar Lin, who will be
leaving the Board on November 15th.
We are very grateful for Shundar's service to the Board during his tenure. He came to the Board after serving nearly
35 years as Senior Professional Scientist at the Illinois State Water Survey. Throughout his career, he acquired
extensive research experience in microbiology, lake and stream water quality, wastewater management, stream
sanitation, and environmental engineering. This background and his attention to detail have been great assets to the
Board. We will miss Shundar and wish him the best in all of his future endeavors.
Sincerely,
Dr. G. Tanner Girard
Environmental Register – October 2009
1
Inside This Issue:
RULEMAKING UPDATE
P. 1
B
OARD ACTIONS
P. 8
N
EW CASES
P. 12
B
OARD CALENDAR
P. 12
C
RITICAL/RESTRICTED STATUS LIST
P. 14
Rulemaking Update
In the Matter of: Ameren Ash Pond Closure Rules (Hutsonville Power Station): Proposed 35 Ill. Adm. Code
Part 840.101 Through 840.144, R09-21 (Oct. 1, 2009)
On October 1, 2009, the Board granted the Illinois Environmental Protection Agency’s (IEPA) motion for waiver of
filing requirements. On August 18, 2009, the IEPA proposed amendments to the regulatory proposal made by
Ameren Energy Generating Company (Ameren) on May 19, 2009. One of those proposed amendments added a
new section entitled “Incorporations by Reference,” which listed eight separate sets of material for incorporation.
The IEPA stated that “the titles for which this motion seeks relief from the filing requirements are already in the
Board’s possession.
Ameren’s May 19, 2009 proposal for site-specific rulemaking proposes a new subchapter in the Board’s waste
disposal regulations to address the closure of surface impoundments. Specifically, Ameren seeks adoption of
regulations through which it can close Ash Pond D at its Hutsonville Power Station near Hutsonville, Crawford
County. Hearing was held September 29, 2009 in the Crawford County Courthouse Annex in Robinson, and the
public comment period was set to close October 30, 2009.
Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking
records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies
may be obtained for $.75 per page from the Clerk’s office: Clerk of the Board, James R. Thompson Center, 100 W.
Randolph Street, Suite 11-500, Chicago, IL 60601.
For additional information contact Tim Fox at 312-814-6085, e-mail address foxt@ipcb.state.il.us.
Board Adopts Proposal for Public Comment in In the Matter of: Definition of VOM Update, USEPA
Regulations (January 1, 2009 through June 30, 2009), (R10-7 (Oct. 1, 2009)
The Pollution Control Board, on October 1, 2009, adopted a proposal for public comment that would add two
compounds to the list of those exempted from the definition of Volatile Organic Material (VOM). The update is
needed to ensure that Illinois’ regulations reflect the United States Environmental Protection Agency’s (USEPA)
most recent exemption of chemical compounds from regulation as ozone precursors. The proposal is docketed as In
the Matter of: Definition of VOM Update, USEPA Regulations (January 1, 2009 through June 30, 2009) (R10-7).
Specifically, the proposal would add propylene carbonate (PC) (IUPAC name 4-methyl-1,3-dioxolan-2-one; CAS
no. 108-32-7), and Dimethyl carbonate (DMC) (IUPAC name; CAS no. 616-38-6). USEPA added these
compounds to the list of chemicals exempted from the definition of VOM codified at 40 C.F.R. 51.100(s) on
January 21, 2009
Section 9.1(e) of the Environmental Protection Act mandates this rulemaking and requires the Board to exclude
from the definition of VOM those compounds determined by USEPA to be exempt from regulation under the state
implementation plans for ozone “due to negligible photochemical reactivity.” Additionally, the Board is required to
conduct this rulemaking pursuant to the provisions of Section 7.2(b) of the Act for adoption rules that are “identical
in substance” to federal requirements.
Section 9.1(d) also provides that Title VII of the Act and Section 5-35 of the Administrative Procedure Act do not
apply to this type of rulemaking. Accordingly, the Board will not adopt a “First Notice” proposal, or a “Second
Environmental Register – October 2009
2
Notice” proposal for review by the Joint Committee on Administrative Rules. However, as provided in Section
9.1(e) of the Act, the Board, before adopting final rule amendments will provide notice of this rulemaking proposal
in the
Illinois Register
, holds one public hearing on the proposal as required by the federal Clean Air Act and allow
for public comment. Hearing is scheduled for Thursday, November 19, 2009, 1:00 p.m. in the James R. Thompson
Center Room, Room 11-512, 100 W. Randolph Street, Chicago.
The Board will accept public comment for at least 45 days after the date of publication of the proposal for public
comment in the
Illinois Register
, but the hearing officer may specify a later date for the close of the public comment
period. Public comments must be filed with the Clerk of the Board. Public comments may be filed 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. The
docket number for this rulemaking, R10-7, should be indicated on the public comment.
Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking
records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies
may be obtained for $.75 per page from the Clerk’s office.
For more information contact Michael McCambridge at (312)-814-6924 or email at mcambm@ipcb.state.il.us.
Board Consolidates, and Extends Rulemaking Completion Deadline, in In the Matter of: RCRA Subtitle C
Update, USEPA Amendments (July 1. 2008 through December 31, 2008), R09-16 and RCRA Subtitle C
Update, USEPA Regulations (July 1, 2009 through June 30, 2009), R10-4 (Oct. 15, 2009)
On October 15, 2009, the Board consolidated the federal hazardous waste amendments that occurred during the
period January 1, 2009 through June 30, 2009, with those that occurred during the period July 1, 2008 through
December 31, 2008. Consolidation of these dockets will obviate multiple mailings, conserving Board resources and
mailing expenses. Additionally, the Board extended the deadline for filing of amendments until April 15, 2010.
Docket R09-16: July 1, 2008 through December 31, 2008 Amendments
USEPA amended the federal hazardous waste regulations three times during the period July 1, 2008 through
December 31, 2008 as summarized below:
October 30, 2008 (73 Fed. Reg. 64668): Amended Definition of Solid Waste to Exclude reclaimed Secondary
Hazardous Materials. USEPA amended the definition of “solid waste” to exclude certain “hazardous secondary
materials” (HSMs) from regulation as hazardous waste. The amendments defined HSM as material that undergoes
reclamation but which would constitute hazardous waste if discarded. The amendments added four self-
implementing exclusions from the definition of solid waste. The amendments also added a new procedure for
obtaining exclusion by an administrative “non-waste” determination. Included in the federal amendments are
extensive financial assurance requirements that apply to domestic facilities that manage HSMs that are reclaimed by
an entity other than the generator.
December 1, 2008 (73 Fed. Reg. 64668): Alternative Standards for Academic Laboratories.
USEPA adopted a set
of optional alternative hazardous waste generator requirements applicable to college and university laboratories and
other facilities affiliated with “eligible academic entities.” An eligible academic entity may opt to comply with the
alternative standards in lieu of the generally applicable large-quantity waste generator, small-quantity waste
generator, or conditionally exempt small-quantity generator waste regulations. The alternative standards designated
laboratory waste as “unwanted material,” and they include provisions relating to waste labeling and accumulation,
worker training, hazardous waste determination, and removal from the laboratory. The alternative rules require
annual laboratory cleanouts and the assembly of a written “laboratory management plan” that describes the
procedures the laboratory will use for managing its waste.
December 19, 2008 (73 Fed. Reg. 77954): Exclusion of Emission-comparable Fuel from the Definition of Solid
Waste. USEPA added an exclusion for emission-comparable fuel (ECF) to its existing excluded fuels rule, which
previously excluded only “comparable fuels” and “synthesis gas fuels” from the definition of solid waste. USEPA
further amended the comparable fuels exclusion to accommodate the addition of the exclusion for ECF.
“Comparable fuels” are secondary materials that have fuel value and which contain hazardous constituents at levels
comparable to fuel oil. These are excluded from the definition of solid waste. The new exclusion of ECF overlaps
and extends the existing comparable fuels exclusion. ECF is an HSM that results in emissions comparable to the
Environmental Register – October 2009
3
burning of fuel oil. ECF must fulfill all the requirements for a comparable fuel, except for the standards for
maximum oxygenates and hydrocarbons contents limits. Thus, use of ECF is comparable to use of fuel oil, from the
standpoint of emissions, but oxygenate and hydrocarbons contents may be higher in ECF than those found in fuel
oil.
Docket R10-4: January 1, 2009 through June 30, 2009 Amendments
USEPA amended the federal hazardous waste regulations once during the period January 1, 2009 through June 30,
2009, as is summarized below:
June 25, 2009 (74 Fed. Reg. 30228): Changed USEPA Office Name.
USEPA amended various segments of its
regulations to reflect reorganization within its various offices. Among the amendments were revisions to hazardous
waste rules. USEPA changed “Office of Solid Waste” to the new name, “Office of Resource Conservation
Recovery.”
The due date for this proceeding was based on the earliest federal amendments included in this rulemaking, the
October 30, 2008 amendments to the Definition of Solid Waste Rules, Section 7.2(b) of the Act (415 ILCS 5/7.2(b)
(2008)). The due date for filing the completed amendments is one year from that date, so the Board must file the
amendments with the Office of Secretary of State before October 30, 2009. The Board has been developing a
proposal for public comment in this matter, and more time than the Board estimated is necessary to complete that
proposal. Due to the volume and complexity of the amendments involved in this consolidated update docket, the
Board has not yet completed the proposal. The Board determined an extension of the deadline for completion of
these amendments is necessary until April 15, 2010.
Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking
records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies
may be obtained for $.75 per page from the Clerk’s office.
For more information contact Michael McCambridge at (312)-814-6924 or email at mcambm@ipcb.state.il.us.
Board Adopts Final Rules in 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 (Oct. 15, 2009)
On October 15, 2009, the Illinois Pollution Control Board adopted a final rule which sunsets the provisions for the
Nitrogen Oxides (NOx) Trading Program rules for electrical generating units (EGUs). On April 21, 2009, the
Illinois Environmental Protection Agency (IEPA) filed a proposal with the Board seeking the change to eliminate an
obsolete rule. The proposal was 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. The Joint Committee on
Administrative Rules voted a certificate of “no objection” at its October 14, 2009 meeting. The final rule adopted
by the Board is unchanged from the rule as published at first notice. This rule becomes effective upon filing with
the Illinois Secretary of State, consistent with participants request that the final rule become filed and effective
before the end of November 2009.
In its statement of reasons, the IEPA states that Illinois adopted both the NO
x
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
v.
USEPA,
531 F.3d 896
(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.
Adding the New Part 217.751 to sunset the rules beginning with the 2009 ozone control season is the first step to
revision of the SIP.
Environmental Register – October 2009
4
Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking
records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies
may be obtained for $.75 per page from the Clerk’s office.
For more information contact Kathleen M. Crowley at (312)-814-6929 or email at crowlek@ipcb.state.il.us.
Board Accepts Amended IEPA Proposal in In the Matter of: Reasonably Available control Technology
(RACT) for Volatile Organic Material Emissions from Group II Consumer & Commercial Products:
Proposed Amendments to 35 Ill. Adm. Code 211, 218, and 219,R10-8 (Oct. 15, 2009)
On October 15, 2009, the Board granted the motion of the Illinois Environmental Protection Agency (IEPA) motion
to amend the regulatory proposal the IEPA originally filed on July 9, 2009. The proposal was docketed by the
Board as In the Matter of: Reasonably Available Control Technology (RACT) for Volatile Organic Material
Emissions from Group II Consumer & Commercial Products: Proposed Amendments to 35 Ill. Adm. Code 211,
218, and 219, R10-8. On September 14, 2009, the IEPA filed a motion to amend its rulemaking proposal. The
IEPA proposed 20 amendments to the proposal, many of them stemming from a request or comment by industry
representatives. The Board did not receive any responses to the IEPA’s motion, and so deems industry to have
waived objection.
See
35 Ill. Adm. Code 101.500(d).
Generally, the IEPA proposed adopting air pollution regulations to control emissions of volatile organic material
(VOM) for Group II Consumer & Commercial Projects in ozone nonattainment areas classified as moderate and
above. Two Illinois areas, Chicago and St. Louis/Metro East, have been designated as moderate nonattainment
areas for the 8-hour ozone standard. Group II products include industrial cleaning solvents, flat wood paneling
coatings, flexible packaging printing materials, lithographic printing materials, and letter press printing materials.
The first hearing in this proceeding was scheduled to begin October 27, 2009 at 9:00
AM in the Madison
County Administration Building, County Board Room #203,
157 N. Main St. in Edwardsville. The
second hearing is scheduled to begin December 8, 2009 at
9:00 AM in the James R. Thompson Center,
Room 9-039, 100 W. Randolph St. in Chicago. Procedural details, including requirements for the
pre-filing of hearing testimony, are contained in an August 12, 2009 hearing officer order.
Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking
records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies
may be obtained for $.75 per page from the Clerk’s office: Clerk of the Board, James R. Thompson Center, 100 W.
Randolph Street, Suite 11-500, Chicago, IL 60601.
For additional information contact Tim Fox at 312-814-6085, e-mail address foxt@ipcb.state.il.us.
In the Matter of: Ameren Ash Pond Closure Rules (Hutsonville Power Station): Proposed 35 Ill. Adm. Code
Part 840.101 Through 840.144, R09-21 (Oct. 1, 2009)
On October 1, 2009, the Board granted the Illinois Environmental Protection Agency’s (IEPA) motion for waiver of
filing requirements. On August 18, 2009, the IEPA proposed amendments to the regulatory proposal made by
Ameren Energy Generating Company (Ameren) on May 19, 2009. One of those proposed amendments added a
new section entitled “Incorporations by Reference,” which listed eight separate sets of material for incorporation.
The IEPA stated that “the titles for which this motion seeks relief from the filing requirements are already in the
Board’s possession.
Ameren’s May 19, 2009 proposal for site-specific rulemaking proposes a new subchapter in the Board’s waste
disposal regulations to address the closure of surface impoundments. Specifically, Ameren seeks adoption of
regulations through which it can close Ash Pond D at its Hutsonville Power Station near Hutsonville, Crawford
County. Hearing was held September 29, 2009 in the Crawford County Courthouse Annex in Robinson, and the
public comment period was set to close October 30, 2009.
Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking
records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies
Environmental Register – October 2009
5
may be obtained for $.75 per page from the Clerk’s office: Clerk of the Board, James R. Thompson Center, 100 W.
Randolph Street, Suite 11-500, Chicago, IL 60601.
For additional information contact Tim Fox at 312-814-6085, e-mail address foxt@ipcb.state.il.us.
Board Adopts Proposal for Public Comment in In the Matter of: Definition of VOM Update, USEPA
Regulations (January 1, 2009 through June 30, 2009), (R10-7 (Oct. 1, 2009)
The Pollution Control Board, on October 1, 2009, adopted a proposal for public comment that would add two
compounds to the list of those exempted from the definition of Volatile Organic Material (VOM). The update is
needed to ensure that Illinois’ regulations reflect the United States Environmental Protection Agency’s (USEPA)
most recent exemption of chemical compounds from regulation as ozone precursors. The proposal is docketed as In
the Matter of: Definition of VOM Update, USEPA Regulations (January 1, 2009 through June 30, 2009) (R10-7).
Specifically, the proposal would add propylene carbonate (PC) (IUPAC name 4-methyl-1,3-dioxolan-2-one; CAS
no. 108-32-7), and Dimethyl carbonate (DMC) (IUPAC name; CAS no. 616-38-6). USEPA added these
compounds to the list of chemicals exempted from the definition of VOM codified at 40 C.F.R. 51.100(s) on
January 21, 2009
Section 9.1(e) of the Environmental Protection Act mandates this rulemaking and requires the Board to exclude
from the definition of VOM those compounds determined by USEPA to be exempt from regulation under the state
implementation plans for ozone “due to negligible photochemical reactivity.” Additionally, the Board is required to
conduct this rulemaking pursuant to the provisions of Section 7.2(b) of the Act for adoption rules that are “identical
in substance” to federal requirements.
Section 9.1(d) also provides that Title VII of the Act and Section 5-35 of the Administrative Procedure Act do not
apply to this type of rulemaking. Accordingly, the Board will not adopt a “First Notice” proposal, or a “Second
Notice” proposal for review by the Joint Committee on Administrative Rules. However, as provided in Section
9.1(e) of the Act, the Board, before adopting final rule amendments will provide notice of this rulemaking proposal
in the
Illinois Register
, holds one public hearing on the proposal as required by the federal Clean Air Act and allow
for public comment. Hearing is scheduled for Thursday, November 19, 2009, 1:00 p.m. in the James R. Thompson
Center Room, Room 11-512, 100 W. Randolph Street, Chicago.
The Board will accept public comment for at least 45 days after the date of publication of the proposal for public
comment in the
Illinois Register
, but the hearing officer may specify a later date for the close of the public comment
period. Public comments must be filed with the Clerk of the Board. Public comments may be filed 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. The
docket number for this rulemaking, R10-7, should be indicated on the public comment.
Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking
records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies
may be obtained for $.75 per page from the Clerk’s office.
For more information contact Michael McCambridge at (312)-814-6924 or email at mcambm@ipcb.state.il.us.
Board Consolidates, and Extends Rulemaking Completion Deadline, in In the Matter of: RCRA Subtitle C
Update, USEPA Amendments (July 1. 2008 through December 31, 2008), R09-16 and RCRA Subtitle C
Update, USEPA Regulations (July 1, 2009 through June 30, 2009), R10-4 (Oct. 15, 2009)
On October 15, 2009, the Board consolidated the federal hazardous waste amendments that occurred during the
period January 1, 2009 through June 30, 2009, with those that occurred during the period July 1, 2008 through
Environmental Register – October 2009
6
December 31, 2008. Consolidation of these dockets will obviate multiple mailings, conserving Board resources and
mailing expenses. Additionally, the Board extended the deadline for filing of amendments until April 15, 2010.
Docket R09-16: July 1, 2008 through December 31, 2008 Amendments
USEPA amended the federal hazardous waste regulations three times during the period July 1, 2008 through
December 31, 2008 as summarized below:
October 30, 2008 (73 Fed. Reg. 64668): Amended Definition of Solid Waste to Exclude reclaimed Secondary
Hazardous Materials. USEPA amended the definition of “solid waste” to exclude certain “hazardous secondary
materials” (HSMs) from regulation as hazardous waste. The amendments defined HSM as material that undergoes
reclamation but which would constitute hazardous waste if discarded. The amendments added four self-
implementing exclusions from the definition of solid waste. The amendments also added a new procedure for
obtaining exclusion by an administrative “non-waste” determination. Included in the federal amendments are
extensive financial assurance requirements that apply to domestic facilities that manage HSMs that are reclaimed by
an entity other than the generator.
December 1, 2008 (73 Fed. Reg. 64668): Alternative Standards for Academic Laboratories.
USEPA adopted a set
of optional alternative hazardous waste generator requirements applicable to college and university laboratories and
other facilities affiliated with “eligible academic entities.” An eligible academic entity may opt to comply with the
alternative standards in lieu of the generally applicable large-quantity waste generator, small-quantity waste
generator, or conditionally exempt small-quantity generator waste regulations. The alternative standards designated
laboratory waste as “unwanted material,” and they include provisions relating to waste labeling and accumulation,
worker training, hazardous waste determination, and removal from the laboratory. The alternative rules require
annual laboratory cleanouts and the assembly of a written “laboratory management plan” that describes the
procedures the laboratory will use for managing its waste.
December 19, 2008 (73 Fed. Reg. 77954): Exclusion of Emission-comparable Fuel from the Definition of Solid
Waste. USEPA added an exclusion for emission-comparable fuel (ECF) to its existing excluded fuels rule, which
previously excluded only “comparable fuels” and “synthesis gas fuels” from the definition of solid waste. USEPA
further amended the comparable fuels exclusion to accommodate the addition of the exclusion for ECF.
“Comparable fuels” are secondary materials that have fuel value and which contain hazardous constituents at levels
comparable to fuel oil. These are excluded from the definition of solid waste. The new exclusion of ECF overlaps
and extends the existing comparable fuels exclusion. ECF is an HSM that results in emissions comparable to the
burning of fuel oil. ECF must fulfill all the requirements for a comparable fuel, except for the standards for
maximum oxygenates and hydrocarbons contents limits. Thus, use of ECF is comparable to use of fuel oil, from the
standpoint of emissions, but oxygenate and hydrocarbons contents may be higher in ECF than those found in fuel
oil.
Docket R10-4: January 1, 2009 through June 30, 2009 Amendments
USEPA amended the federal hazardous waste regulations once during the period January 1, 2009 through June 30,
2009, as is summarized below:
June 25, 2009 (74 Fed. Reg. 30228): Changed USEPA Office Name.
USEPA amended various segments of its
regulations to reflect reorganization within its various offices. Among the amendments were revisions to hazardous
waste rules. USEPA changed “Office of Solid Waste” to the new name, “Office of Resource Conservation
Recovery.”
The due date for this proceeding was based on the earliest federal amendments included in this rulemaking, the
October 30, 2008 amendments to the Definition of Solid Waste Rules, Section 7.2(b) of the Act (415 ILCS 5/7.2(b)
(2008)). The due date for filing the completed amendments is one year from that date, so the Board must file the
amendments with the Office of Secretary of State before October 30, 2009. The Board has been developing a
Environmental Register – October 2009
7
proposal for public comment in this matter, and more time than the Board estimated is necessary to complete that
proposal. Due to the volume and complexity of the amendments involved in this consolidated update docket, the
Board has not yet completed the proposal. The Board determined an extension of the deadline for completion of
these amendments is necessary until April 15, 2010.
Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking
records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies
may be obtained for $.75 per page from the Clerk’s office.
For more information contact Michael McCambridge at (312)-814-6924 or email at mcambm@ipcb.state.il.us.
Board Adopts Final Rules in 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 (Oct. 15, 2009)
On October 15, 2009, the Illinois Pollution Control Board adopted a final rule which sunsets the provisions for the
Nitrogen Oxides (NOx) Trading Program rules for electrical generating units (EGUs). On April 21, 2009, the
Illinois Environmental Protection Agency (IEPA) filed a proposal with the Board seeking the change to eliminate an
obsolete rule. The proposal was 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. The Joint Committee on
Administrative Rules voted a certificate of “no objection” at its October 14, 2009 meeting. The final rule adopted
by the Board is unchanged from the rule as published at first notice. This rule becomes effective upon filing with
the Illinois Secretary of State, consistent with participants request that the final rule become filed and effective
before the end of November 2009.
In its statement of reasons, the IEPA states that Illinois adopted both the NO
x
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
v.
USEPA,
531 F.3d 896
(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.
Adding the New Part 217.751 to sunset the rules beginning with the 2009 ozone control season is the first step to
revision of the SIP.
Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking
records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies
may be obtained for $.75 per page from the Clerk’s office.
For more information contact Kathleen M. Crowley at (312)-814-6929 or email at crowlek@ipcb.state.il.us.
Board Accepts Amended IEPA Proposal in In the Matter of: Reasonably Available control Technology
(RACT) for Volatile Organic Material Emissions from Group II Consumer & Commercial Products:
Proposed Amendments to 35 Ill. Adm. Code 211, 218, and 219,R10-8 (Oct. 15, 2009)
On October 15, 2009, the Board granted the motion of the Illinois Environmental Protection Agency (IEPA) motion
to amend the regulatory proposal the IEPA originally filed on July 9, 2009. The proposal was docketed by the
Board as In the Matter of: Reasonably Available Control Technology (RACT) for Volatile Organic Material
Emissions from Group II Consumer & Commercial Products: Proposed Amendments to 35 Ill. Adm. Code 211,
218, and 219, R10-8. On September 14, 2009, the IEPA filed a motion to amend its rulemaking proposal. The
IEPA proposed 20 amendments to the proposal, many of them stemming from a request or comment by industry
Environmental Register – October 2009
8
representatives. The Board did not receive any responses to the IEPA’s motion, and so deems industry to have
waived objection.
See
35 Ill. Adm. Code 101.500(d).
Generally, the IEPA proposed adopting air pollution regulations to control emissions of volatile organic material
(VOM) for Group II Consumer & Commercial Projects in ozone nonattainment areas classified as moderate and
above. Two Illinois areas, Chicago and St. Louis/Metro East, have been designated as moderate nonattainment
areas for the 8-hour ozone standard. Group II products include industrial cleaning solvents, flat wood paneling
coatings, flexible packaging printing materials, lithographic printing materials, and letter press printing materials.
The first hearing in this proceeding was scheduled to begin October 27, 2009 at 9:00 AM in the Madison County
Administration Building, County Board Room #203, 157 N. Main St. in Edwardsville. The second hearing is
scheduled to begin December 8, 2009 at 9:00 AM in the James R. Thompson Center, Room 9-039, 100 W.
Randolph St. in Chicago. Procedural details, including requirements for the pre-filing of hearing testimony, are
contained in an August 12, 2009 hearing officer order.
Opinions and orders of the Board, hearing officer orders, hearing transcripts, and other documents in rulemaking
records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies
may be obtained for $.75 per page from the Clerk’s office: Clerk of the Board, James R. Thompson Center, 100 W.
Randolph Street, Suite 11-500, Chicago, IL 60601.
For additional information contact Tim Fox at 312-814-6085, e-mail address foxt@ipcb.state.il.us.
Board Actions
October 1, 2009
Chicago, Illinois
Rulemakings
R09-21
In the Matter of: Ameren Ashpond Closure Rules (Hutsonville Power
Station)Proposed: 35 Ill. Adm. Code 840.101 through 840.144 – The Board
granted the Illinois Environmental Protection Agency’s motion for waiver of
filing requirements of materials for incorporation by reference.
5-0
land
R10-7
Definition of VOM Update, USEPA Amendments (January 1, 2009 through
June 30, 2009) – – The Board adopted a proposal for public comment in this
“identical-in-substance” consolidated rulemaking to amend the Board’s
volatile organic emission regulations.
5-0
Air
Environmental Register – October 2009
9
Administrative Citations
AC 06-39
AC 06-40
AC 06-41
AC 07-25
(cons.)
City of Chicago Department of Environment v. Speedy Gonzalez
Landscaping, Inc.
City of Chicago Department of Environment v. Jose R. Gonzalez
City of Chicago Department of Environment v. 1601-1759 East 130th Street,
LLC
City of Chicago Department of Environment v. 1601-1759 East 130th Street,
LLC – The Board denied the joint motions for reconsideration and for stay
filed by Jose R. Gonzalez and 1601-1759 East 130th Street, LLC.
Respondents have 45 days, or until November 16, 2009, to pay civil penalty
previously ordered. In AC 06-40, the Board assessed Mr. Gonzalez the
statutory civil penalty of $6,000 for the four violations, as well as hearing
costs totaling $1,340.40, for a total amount due of $7,340.40. In AC 06-41,
the Board assessed 130th LLC the statutory civil penalty of $6,000 for the four
violations, as well as hearing costs totaling $1,189.40, for a total amount due
of $7,189.40.
5-0
AC 08-16
IEPA v. Gene Breeden
– In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Iroquois County
facility, the Board found that respondent violated Section 21(p)(7) of the
Environmental Protection Act (415 ILCS 5/21(p)(7) (2008)) and ordered
respondent to pay a civil penalty of $1,500. The Board also granted the
parties’ joint motion to dismiss respondent’s petition for review and the
alleged violation of Sections 21(p)(1) and (p)(3) of the Act (415 ILCS
5/21(p)(1),(p)(3) (2008)).
5-0
AC 09-44
IEPA v. Gordon Investment Group
– In response to a joint stipulation and
settlement agreement in this administrative citation action involving a
McDonough County facility, the Board found that respondent violated Section
21(p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(3) (2008))
and ordered respondent to pay a civil penalty of $1,500. The Board also
granted the parties’ joint motion to dismiss respondent’s petition for review
and the alleged violation of Sections 21(p)(1) and (p)(7) of the Act (415 ILCS
5/21(p)(1),(p)(7) (2008)).
5-0
AC 10-3
IEPA v. Les Curtis
– The Board accepted respondent’s petition for review, but
directed respondent to file another amended petition to cure deficiencies on or
before November 2, 2009.
5-0
Adjudicatory Cases
PCB 06-82
People of the State of Ilinois v. Barger Engineering, Inc.,
– In this water
enforcement action concerning a White 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
$50,000, and to cease and desist from further violations. In addition, Barger
Engineering agreed to perform a Supplemental Environmental Project
consisting of a $20,000 donation to the Illinois Petroleum Resources Board to
fund cleanups of abandoned oil production sites.
5-0
W-E
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council: Kendall County,
Intervenor – Finding the proceedings were fundamentally fair, the Board
5-0
P-C-F-S-R
Environmental Register – October 2009
10
affirmed the May 24, 2007 decision of United City of Yorkville, City Council
denying Fox Moraine LLC’s request for siting of a pollution control facility.
PCB 09-104
People of the State of Illinois v. Village of Rockton
– 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 Winnebago County facility, the Board ordered publication of the required
newspaper notice.
5-0
W-E
PCB 09-110
People of the State of Illinois v. E. F. Heil, LLC
– In this land enforcement
action concerning a Kankakee 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 $20,000,
and to cease and desist from further violations.
5-0
L-E
PCB 09-122
Osco/Henry Service Company v. IEPA
– Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no
underground storage tank appeal was filed on behalf of this facility located in
Henry County.
5-0
UST Appeal
PCB 09-130
Spirit Energy, L.L.C. v. IEPA
– Having previously granted a request for a 90-
day extension, the Board dismissed this matter because no underground
storage tank appeal was filed on behalf of this facility located in Jackson
County.
5-0
UST Appeal
PCB 10-21
People of the State of Illinois v. Seating Concepts, Inc.
– The Board accepted
for hearing this air enforcement action involving a site located in Will County.
5-0
A-E
October 15, 2009
Chicago, Illinois
Rulemakings
Environmental Register – October 2009
11
R 09-16
R10-4
RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (July 1,
2008 through December 31, 2008)
RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (January
1, 2009 through June 30, 2009) – The Board on its own motion consolidated
these “identical-in-substance” rulemakings to amend the Board’s wastewater
pretreatment and extended the deadline for completion of amendments to
April 15, 2010.
5-0
Land
R09-20
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 adopted a final opinion and order in this rulemaking amending the
Board’s air pollution control regulations.
5-0
Air
R10-8
In the Matter of: Reasonably Available Control Technology (RACT) for
Volatile Organic Material Emissions from Group II Consumer & Commercial
Products: Proposed Amendments to 35 Ill. Adm. Code 211, 218, and 219 –
The Board granted the Illinois Environmental Protection Agency’s motion to
amend the proposal.
5-0
Air
Adjudicatory Cases
PCB 04-102
Emerald Performance Materials, L.L.C. (as purchaser of Noveon, Inc.) v.
IEPA – The Board found that the Illinois Environmental Protection Agency
improperly included in the November 23, 2003 Clean Air Act Permit Program
(CAAPP) permit issued to Emerald for the Henry plant various conditions
stating, or premised on, applicability of 35 Ill. Adm. Code 214.301 to
Emerald’s MBT-C process and condensers. The Board remanded the CAAPP
permit for expeditious re-issuance.
5-0
P-A, Water
PCB 06-77
People of the State of Illinois v. Dennis K. Stiegemeier, d/b/a I.L.C.
Development – In this water enforcement action concerning a Macoupin
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 $2,500, and to cease and desist from
further violations.
5-0
W-E
PCB 09-30
People of the State of Illinois v. Montalbano Builder’s 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 McHenry County facility, the Board ordered publication of the required
newspaper notice.
5-0
W-E
PCB 09-69
People of the State of Illinois v. Par Development, Inc.
– In this land
enforcement action concerning a McHenry 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
$20,000, and to cease and desist from further violations.
5-0
W-E
PCB 10-2
City of Chicago Department of General Services v. IEPA
– Having previously
granted a request for a 90-day extension, the Board dismissed this matter
because no underground storage tank appeal was filed on behalf of this facility
located in Cook County.
5-0
UST Appeal
Environmental Register – October 2009
12
PCB 10-22
People of the State of Illinois v. Western Sand & Gravel Company, LLC
– The
Board accepted for hearing this land enforcement action involving a site
located in LaSalle County.
5-0
L-E
PCB 10-23
United States Steel Corporation, a Delaware corporation 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.
5-0
P-A, Air
PCB 10-24
Nathan Holesinger - Fulton v. IEPA
– Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and
certified that specified facilities of Nathan Holesinger located in Whiteside
County are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2008)).
5-0
T-C, W
Environmental Register – October 2009
13
New Cases
October 1, 2009 Board Meeting
10-21
People of the State of Illinois v. Seating Concepts, Inc.
– The Board accepted for hearing this air enforcement
action involving a site located in Will County.
October 15, 2009 Board Meeting
10-22
People of the State of Illinois v. Western Sand & Gravel Company, LLC – The Board accepted for hearing
this land enforcement action involving a site located in LaSalle County.
10-23
United States Steel Corporation, a Delaware corporation 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.
10-24
Nathan Holesinger - Fulton v. IEPA
– Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Nathan Holesinger located in Whiteside
County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35
ILCS 200/11-10 (2008)).
Calendar
11/4/09
10:00 AM
AC 09-56
IEPA v. Gary J. and James R.
Szczeblewski (IEPA File No. 136-09-
AC)
City Hall Council Room
500 W. Main Street
Benton
11/5/09
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Chicago
11/9/09
9:00 AM
R08-09
In the Matter of: Water Quality
Standards and Effluent Limitations for
the Chicago Area Waterway System and
the Lower Des Plaines River: Proposed
Amendments to 35 Ill. Adm. Code 301,
302, 303 and 304
(Continues until complete or through
November 10, 2009)
Michael Bilandic Building
Room N-502
160 N. LaSalle
Chicago
11/12/09
10:00 AM
AC 08-27
IEPA v. Hiram Vanderheiden, Jr. (IEPA
File No. 51-08-AC)
Mason County Courthouse
County Board Room
125 N. Plum
Havana
11/19/09
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Chicago
11/19/09
1:00 PM
R10-07
Definition of VOM Update, USEPA
Amendments (January 1, 2009 through
June 30, 2009)
James R. Thompson Center
Suite 11-512
100 W. Randolph Street
Chicago
Environmental Register – October 2009
14
12/2/09
10:00 AM
PCB 07-45
People of the State of Illinois v. General
Waste Services, Inc., an Illinois
Corporation
Illinois Pollution Control Board
Hearing Room
1021 North Grand Avenue East
Springfield
12/3/09
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Chicago
12/8/09
9:00 AM
R10-08
In the Matter of Reasonable Available
Control Technology (RACT) for Volatile
Organic Material emissions from Group
II Consumer & Commercial Products:
Proposed Amendments to 35 Ill. Adm.
Code 211, 218, and 219
(Continues until complete or through
December 9, 2009)
James R. Thompson Center
Room 9-039
100 W. Randolph
Chicago
12/09/09
10:00 AM
R10-10
In the Matter of: Reasonably Available
Control Technology (RACT) for Volatile
Organic Material Emissions From Group
III Consumer & Commercial Products:
Proposed Amendments to 35 Ill. Adm.
Code 218 and 219
(Continues day to day until business is
complete)
James R. Thompson Center
Room 11-512
100 W. Randolph
Chicago
12/17/09
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Chicago
Environmental Register – October 2009
15
Illinois Environmental Protection Agency
Division of Public Water Supplies
Restricted Status List - Public Water Supplies
OCTOBER 2009
SYSTEM NAME
EPA 3
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
ALTERNATIVE BEHAVIOR TREATMENT
CENTER - IL0977189
2
INADEQUATE PRESSURE
TANK
50
6/15/1988
ARLINGTON REHABILITATION LIVING
CENTER - IL0971110
2
INADEQUATE HYDRO
STORAGE
180
12/1/2003
ATHENS – IL1290050
5
INADEQUATE TREATMENT
CAPACITY
4350
10/1/2007
AURORA COMMUNITY WATER ASSN -
IL0895750
2
INADEQUATE PRESSURE
TANK
150
12/16/1988
BAHL WATER CORP - IL085520
1
INADEQUATE PRESSURE
TANK
700
12/15/1993
BALCITIS PUMP CORP - IL2015100
1
INADEQUATE STORAGE
150
1/1/2006
BRADLEY HEIGHTS SUBDIVISION -
IL2015050
1
INADEQUATE PRESSURE
TANK
192
9/13/1985
BUFFALO HOLLOW FARMS WATER
ASSOCIATION – IL1430080
5
INADEQUATE PRESSURE
STORAGE
44
6/16S/2008
CARROLL HEIGHTS UTILITIES COMPANY -
IL0155200
1
INADEQUATE PRESSURE
TANK
96
3/20/1981
CENTURY PINES APARTMENTS - IL0150020
1
INADEQUATE PRESSURE
TANK
50
12/14/1990
CHESTERFIELD – IL1170200
5
TOTAL TRIHALOMETHANE
180
3/15/2007
COOKSVILLE - IL1130400
4
TTHM & HALOACIDIC ACIDS
300
9/15/2005
COYNE CNTR COOP - IL1615150
1
INADEQUATE PRESSURE
TANK
150
12/15/1997
CROPSEY COMMUNITY WATER - IL1135150
4
INADEQUATE PRESSURE
TANK
31
3/20/1981
CRYSTAL CLEAR WATER COMPANY -
IL1115150
2
INADEQUATE PRESSURE
TANK
885
9/16/1988
D L WELL OWNERS ASSOCIATION -
IL0975380
2
INADEQUATE PRESSURE
TANK
141
3/18/1983
DE KALB UNIV DVL CORP - IL0375148
1
INADEQUATE PRESSURE
TANK
1050
12/16/1992
DEERING OAKS SUBDIVISION - IL1115200
2
INADEQUATE PRESSURE
TANK
60
12/17/1982
DOVER - IL0110350
1
INADEQUATE PRESSURE
TANK
169
5/25/1981
EAST END WATER ASSOCIATION -
IL1610140
1
INADEQUATE STORAGE
CAPACITY
40
3/15/2002
EAST MORELAND WATER CORPORATION -
IL1975640
2
INADEQUATE PRESSURE
TANK
135
3/15/1996
EASTMORELAND WTR SERVICE ASSN -
2
INADEQUATE PRESSURE
650
3/20/1981
Environmental Register – October 2009
16
SYSTEM NAME
EPA 3
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
IL1975600
TANK
EVERGREEN VILLAGE SUBDIVISION -
IL1615310
1
INADEQUATE PRESSURE
TANK
130
3/20/1981
FAIR ACRES SUBDIVISION - IL1975680
2
INADEQUATE PRESSURE
TANK
156
10/19/1981
FOREST LAKE ADDITION - IL0975500
2
INADEQUATE PRESSURE
TANK
204
12/16/1983
FRWRD-SKYLINE PLANT - IL0895030
2
INADEQUATE PRESSURE
TANK
700
9/19/1986
GARDEN STREET IMPROVEMENT
ASSOCIATION - IL1975376
2
INADEQUATE PRESSURE
TANK
54
9/15/1989
GOOD SHEPHERD MANOR - IL0915189
2
INADEQUATE PRESSURE
TANK
25
3/17/1989
GREAT OAKS AND BEACON HILLS
APARTMENTS - IL2015488
1
INADEQUATE PRESSURE
TANK
2420
12/17/1982
HAWTHORN WOODS - IL0970450
2
INADEQUATE PRESSURE
TANK
672
3/15/1995
HEATHERFIELD SUBDIVISION - IL0635150
2
INADEQUATE PRESSURE
TANK
75
9/17/1982
HETTICK - IL1170500
5
TRIHALOMETHANE
182
6/15/2002
HIGHLAND SUBDIVISION - IL0895530
2
INADEQUATE PRESSURE
TANK
60
9/16/1983
HILLVIEW SUBDIVISION - IL1975800
2
INADEQUATE PRESSURE
TANK
100
3/15/1985
HOLY FAMILY VILLA - IL0310280
2
INADEQUATE PRESSURE
TANK
200
9/15/1999
INGALLS PARK SUBDIVISION - IL1975880
2
INADEQUATE PRESSURE
TANK
745
9/16/1983
LAKE LYNWOOD WATER SYSTEM -
IL0735330
1
INADEQUATE PRESSURE
TANK
75
8/31/1981
LARCHMONT SUBDIVISION - IL2015290
1
INADEQUATE PRESSURE
TANK
64
6/17/1983
LARSON COURT APARTMENTS - IL1615728
1
INADEQUATE PRESSURE
TANK
58
1/14/1982
LEGEND LAKES WATER ASSOCIATION -
IL2015300
1
INADEQUATE PRESSURE
TANK
283
3/14/1991
LIBERTY PARK HOMEOWNERS
ASSOCIATION - IL0435600
2
INADEQUATE PRESSURE
TANK
837
9/17/1992
LINDENWOOD WATER ASSOCIATION -
IL1415300
1
INADEQUATE PRESSURE
TANK
50
1/13/1982
LISBON NORTH, INC. - IL0631000
2
INADEQUATE PRESSURE
TANK
30
9/14/1990
LONDON MILLS - IL0574620
5
INADEQUATE PRESSURE
TANK
447
12/14/1984
LYNN CENTER - IL0735100
1
INADEQUATE PRESSURE
100
3/15/1995
Environmental Register – October 2009
17
SYSTEM NAME
EPA 3
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
TANK
LYNNWOOD WATER CORPORATION -
IL0995336
1
INADEQUATE PRESSURE
TANK
110
3/18/1983
M C L W SYSTEM, INC. - IL1315150
1
INADEQUATE SOURCE
98
3/20/1981
MENARD RURAL WATER CO
.(SWEETWATER
SYSTEM)-
IL1290010
5
INADEQUATE SOURCE
CAPACITY
490
10/1/2007
MOUND PWD - IL1635050
6
INADEQUATE PLANT
CAPACITY
2200
6/17/1996
NORTHWEST BELMONT IMPRV ASSN -
IL0435900
2
INADEQUATE PRESSURE
TANK
78
9/29/1981
OAK RIDGE SD - IL2035300
1
INADEQUATE PRESSURE
TANK
240
3/20/1981
OPHIEM PWS - IL0735150
1
INADEQUATE PRESSURE
TANK
100
6/18/1982
OSCO MUTUAL WATER SUPPLY
COMPANY, INC. - IL073520
1
INADEQUATE PRESSURE
TANK
115
12/15/1989
PANAMA - IL0054720
6
TTHM, DBP, INAD STORAGE
380
1/1/2006
PATOKA - IL1210400
6
INADEQUATE PLANT
CAPACITY
731
3/15/1997
POLO DR AND SADDLE RD SUBDIVISION -
IL043700
2
INADEQUATE PRESSURE
TANK
90
12/17/1982
PORTS SULLIVAN LAKE OWNERS
ASSOCIATION - IL0971160
2
INADEQUATE PRESSURE
TANK
293
6/15/1999
PRAIRIE RIDGE ASSOCIATION - IL1115730
2
INADEQUATE PRESSURE
TANK
130
10/1/2004
RIDGECREST NORTH SUBDIVISION -
IL0635250
2
INADEQUATE PRESSURE
TANK
60
9/16/1993
RIDGEWOOD LEDGES WATER
ASSOCIATION - IL1615670
1
INADEQUATE PRESSURE
TANK
370
3/20/1981
RIDGEWOOD SUBDIVISION - IL1977650
2
INADEQUATE PRESSURE
TANK
250
6/18/1982
SHAWNITA TRC WATER ASSOCIATION -
IL1977690
2
INADEQUATE PRESSURE
TANK
125
9/17/1992
SILVIS HEIGHTS WATER CORP - IL1615750
1
INADEQUATE HYDRO
STORAGE
1600
12/1/2003
SKYVIEW SBDV - IL0915526
2
INADEQUATE PRESSURE
TANK
45
3/16/1990
ST CHARLES COMMSSION WELLFUND 3 -
IL0437040
2
INADEQUATE PRESSURE
TANK
30
12/15/1989
STRATFORD WEST APARTMENTS -
IL1095200
5
INADEQUATE PRESSURE
TANK
39
12/17/1982
SUBURBAN HEIGHTS SUBDIVISION -
IL1615800
1
INADEQUATE PRESSURE
TANK
82
12/16/1983
SUMMIT HOMEOWNERS ASSOCIATION -
IL0975280
2
INADEQUATE PRESSURE
TANK
39
3/16/1984
Environmental Register – October 2009
18
SYSTEM NAME
EPA 3
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
SUNNY HILL ESTATES SUBDIVISION -
IL0735300
1
INADEQUATE PRESSURE
TANK
525
6/15/2000
SUNNYLAND SUBDIVISION - IL1977730
2
INADEQUATE PRESSURE
TANK
350
9/16/1983
SWEDONA WATER ASSOCIATION -
IL1315200
1
INADEQUATE PRESSURE
TANK
157
6/15/1990
SYLVAN LAKE 1ST SUBDIVISION -
IL0977100
2
INADEQUATE PRESSURE
TANK
210
6/14/1991
TOWNERS SUBDIVISION - IL0977250
2
INADEQUATE PRESSURE
TANK
210
1/14/1982
UTILITIES INC HOLIDAY HILLS - IL1115350
2
INADEQUATE PRESSURE
TANK
729
9/16/1983
UTL INC-LAKE HOLIDAY - IL0995200
1
INAD SOURCE & TREATMENT
PLT
5460
9/15/1998
UTL INC-NORTHERN HILLS UTLITIES
COMPANY - IL1775050
1
INADEQUATE PRESSURE
TANK
500
3/15/1996
UTL INC-WALK-UP WOODS WATER
COMPANY - IL1115800
2
INADEQUATE PRESSURE
TANK
654
12/17/1982
WEST SHORE PARK SUBDIVISION -
IL0977370
2
INADEQUATE PRESSURE
TANK
528
6/15/2000
WEST SHORELAND SUBDIVISION -
IL0977050
2
INADEQUATE PRESSURE
TANK
189
6/14/1991
WIENEN ESTATES - IL0850030
1
INADEQUATE PRESSURE
TANK
70
12/15/1997
WONDER LAKE WATER COMPANY -
IL1115750
2
INADEQUATE PRESSURE
TANK
1442
6/16/1994
WATER SYSTEMS REMOVED FROM PREVIOUS LIST
FAHNSTOCK COURT SUBDIVISION – IL1435200
* DENOTES ADDED WATER SUPPLIES
Environmental Register – October 2009
19
Illinois Environmental Protection Agency
Division of Public Water Supplies
Critical Review List - Public Water Supplies
OCTOBER 2009
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
ANDALUSIA - IL1610050
1
INADEQUATE PRESSURE
TANK
1050
12/1/2003
ARENZVILLE - IL0170050
5
INADEQUATE PRESSURE
TANK
408
3/14/2001
BEASON CHESTNUT PWD - IL1075150
5
INAD PLANT & SOURCE CAP
600
6/15/2004
BROWNING - IL1690050
5
INADEQUATE SOURCE
CAPACITY
175
3/15/1998
CANTON – IL0570250
5
INSUFFICIENT TREATMENT
CAPACITY
13932
3/15/2007
CEDARVILLE - IL1770050
1
EMERGENCY POWER
800
1/1/2006
COLLINSVILLE – IL1194280
6
INADEQUATE STORAGE
29500
1/1/2008
COLUMBIA - IL1330050
6
INADEQUATE PUMPING
CAPACITY
8365
3/15/1998
CROPPERS 1ST 4TH AND 5TH ADDITION -
IL1615250
1
UNDERSIZED WATERMAINS
650
1/1/2006
EDWARDSVILLE – IL1190250
5
INSUFFICIENT PLANT
CAPACITY TO HANDLE PEAK
SYSTEM WATER DEMAND
24,900
9/16/2008
EFFINGHAM – IL0490250
4
INADEQUATE DISINFECTION
12384
7/1/2006
ELIZABETH - IL0850150
1
LOW SYSTEM PRESSURE
682
6/15/1999
ELLIS GROVE – IL1570200
6
INSUFFICIENT STORAGE
CAPACITY
720
10/1/2007
EXETER-MERRITT WATER COOP -
IL1710010
5
INADEQUATE PRESSURE
TANK
428
10/1/2004
GALENA - IL0850200
1
LOW SYSTEM PRESSURE
3640
6/15/1999
GRIGGSVILLE – IL1490300
5
INADEQUATE TREATMENT
PLANT CAPACITY
1259
10/1/2006
HAMEL - IL1190450
6
INADEQUATE STORAGE
CAPACITY
650
1/1/2006
HOLIDAY SHORES SD - IL1195110
6
INADEQUATE STORAGE
CAPACITY
3192
1/1/2006
IL AMERICAN-ALTON
6
APPROACHING WATER
TREATMENT PLANT
CAPACITY
51922
4/1/2009
JOY - IL1310100
1
LOW SYSTEM PRESSURE
373
6/15/1999
Environmental Register – October 2009
20
SYSTEM NAME
EPA
RGN
NATURE OF PROBLEM
POP
SERVED
LISTING
DATE
LA MOILLE - IL0110500
1
INADEQUATE PLANT
CAPACITY
750
6/15/1999
LA SALLE - IL0990300
1
INAD PLANT & SOURCE
CAPACITY
9700
11/1/2004
LACON - IL1230100
1
UNDERSIZED WATERMAINS
1979
1/1/2006
LEE - IL1034600
1
INADEQUATE PRESSURE
TANK
350
10/1/2004
MALDEN - IL0110550
1
UNDERSIZED WATERMAINS
370
1/1/2006
MARION - IL1990550
7
INADEQUATE SOURCE
CAPACITY
14610
11/1/2001
MARYVILLE – IL1190750
5
INADEQUATE STORAGE
800
3/17/2008
MASON CITY - IL1250350
5
INADEQUATE STORAGE
CAPACITY
2558
1/1/2006
MATHERSVILLE - IL1310200
1
INADEQUATE SYSTEM
PRESSURE
793
9/13/2000
MC HENRY SHORES WATER COMPANY -
IL1115020
2
LOW SYSTEM PRESSURE
1813
9/17/1992
MECHANICSBURG-BUFFALO WTR CMSN -
IL1675150
5
INADEQUATE SOURCE
CAPACITY
1350
3/15/1998
O’FALLON – IL1631100
2
INADEQUATE STORAGE
CAPACITY
43596
10/1/2006
OTTER LAKE WTR CMSN ADGPTV –
IL1175200
5
INADEQUATE PLANT
CAPACITY
1251
7/1/2006
SCALES MOUND - IL0850400
1
LOW SYSTEM PRESSURE
400
9/15/1997
SENECA - IL099105
1
INADEQUATE PLANT
CAPACITY AND UNDERSIZED
WATER MAINS
2053
6/15/1999
SOUTH HIGHWAY PWD - IL0775400
7
LOW SYSTEM PRESSURE &
UNDERSIZED WATERMAINS
8420
1/1/2006
STOCKTON - IL0850450
1
LOW SYSTEM PRESSURE
1871
6/15/1984
SUMNER - IL1010300
7
LOW SYSTEM PRESSURE
1481
12/13/1985
UTL INC-LAKE MARIAN WATER
CORPORATION - IL0895200
2
INAD PRES STORAGE & LOW
SYS PRES
924
9/14/1984
WALNUT HILL - IL1210600
6
LOW SYSTEM PRESSURE
1470
6/14/1985
WATERLOO - IL1330300
6
INADEQUATE STORAGE
7614
10/1/2004
WITT – IL1350850
5
INADEQUATE TREATMENT
CAPACITY
991
3/17/2008
WORDEN - IL1191200
6
INADEQUATE STORAGE
CAPACITY
906
1/1/2006
WATER SYSTEMS REMOVED FROM PREVIOUS LIST
Environmental Register – October 2009
21
CASEYVILLE – IL1630250
* DENOTES ADDED WATER SUPPLIES
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 October 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 publication.
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.
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.
Environmental Register – October 2009
22
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.
The
Environmental Register
is published monthly by the Board, and
contains updates on rulemakings, descriptions of final decisions, the Board’s
hearing calendar, and other environmental law information.
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Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
