Sunday, November 29, 2009

IEPA Investigates Former Toastmaster Site in Algonquin

According to a recent article in the Chicago Tribune and an Illinois EPA fact sheet, IEPA is investigating soil and groundwater contamination east of the former Toastmaster property at 401 Washington St. in Algonquin, bordered by the Prairie Trail bike path to the west and south, Towne Park to the north, and Route 31 to the east.  The property was historically used for the production of such items as irons, shell casings during wartime, and appliances.

The site had initially been investigated as part of due diligence by the Illinois Department of Transportation, which was looking to purchase the property in preparation for the Western Bypass, a road construction project to alleviate congestion at the intersection of Routes 31 and 62 in Algonquin. 

According to IEPA, soil and groundwater testing at the site revealed the presence of elevated levels of volatile organic compounds ("VOCs"), heavy metals, and other organic compounds.  Further investigation revealed that contamination had migrated offsite to the east of the Toastmaster site. 

At this time, IEPA believes that "no health risk has been identified."  However, the agency will continue its investigation in December 2009 and early 2010.  "The purpose of the continued study is to determine whether a potential for the migration of vapors from groundwater through soil and into basements or crawl spaces exists."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Saturday, November 28, 2009

DNA Testing Shows Asian Carp Within 7 miles of Lake Michigan

There are new fears that Asian carp are getting closer to the Great Lakes.  According to two recent articles in the Chicago Tribune, DNA testing found evidence of the Asian carp within 7 miles of Lake Michigan after apparently leaping an electrical barrier erected to prevent the carp from reaching the Great Lakes. 

Scientists found Asian carp DNA above an electric fish-barrier in the Sanitary and Ship Canal.  Asian carp are now are only one lock and dam away from the Great Lakes.  The articles described the DNA testing:

"The tests sift carp DNA out of suspended particles floating in river currents, and they indicate for the first time that bighead and silver carp are just below the O'Brien lock on the Calumet River, in the Des Plaines River above the Lockport lock and at the confluence of the Calumet Sag Channel and Chicago Sanitary and Ship Canal. All three locations are above the multimillion-dollar electrified carp barrier built to keep invasive species from moving from the Illinois River to the Great Lakes, and vice versa."

"'There is no reason to think that there aren't carp present when the DNA is detected,' said David Lodge, a researcher with the University of Notre Dame who is conducting the genetic analysis. 'It's hard to come to any other conclusion other than that there are carp somewhere in the region.'"

Please click here and here to access the articles in the Tribune.  Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Wednesday, November 25, 2009

EPA Declares That Chicagoland Met Another Air Quality Standard

Today, U.S. EPA published a final rule in the Federal Register determining that the "Chicago-Gary-Lake County, Illinois-Indiana" areas have met the 1997 fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS).

As a result of this determination, "the requirements for these areas to submit an attainment demonstration and
associated reasonably available control measures (RACM), a reasonable further progress plan (RFP), contingency measures, and other State Implementation Plan (SIP) revisions related to attainment of the standard are suspended for so long as the areas continue to attain the 1997 PM2.5 NAAQS."

Today's final rule follows up on U.S. EPA's November 13, 2009 final rule declaring that Chicagoland met the 2006 24-hour PM2.5 NAAQS.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Tuesday, November 24, 2009

University of Illinois Receives Grant From EPA to Study Carbon Sequestration

According to an article from the Chicago Tribune, the U.S. EPA awarded the University of Illinois approximately $900,000 in grant funds to study the possible environmental impact of the underground sequestration of carbon dioxide.

The theory of carbon sequestration is that carbon dioxide (a major greenhouse gas) can be captured at stationary sources, such as power plants, and injected underground for long-term storage.  With this grant from U.S. EPA, the University of Illinois plans to study whether injecting carbon dioxide could cause changes in pressure to groundwater aquifers.  Officials want to study whether carbon dioxide sequestration could cause saltwater to migrate from deeper groundwater and contaminate fresh water near the surface.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Sunday, November 22, 2009

Clean-Up To Begin at Manufactured-Gas Plant in Quincy

According to an article from the Chicago Tribune, AmerenCIPS--a central Illinois utility company--will launch a $20 million cleanup of underground contaminants at a defunct gas-manufacturing plant in Quincy.

Manufactured-gas plants were industrial facilities that produced gas from coal, oil and other feedstocks.  The gas was stored, and then piped to the surrounding area, where it was used for lighting, cooking, and heating homes and businesses.  Today, natural gas is used instead of manufactured gas.

People are still concerned about former manufactured-gas plants because of contamination issues.  For example, the Quincy plant's operations ended in 1943.  However, underground contaminants remain, including "coal tar, which contains carcinogens, and could pose a health risk if disturbed."  Workers "will first take precautionary steps, such as putting up a tent with carbon filters to contain dust and vapors.  After that, they will install a new sewer system, remove the contaminants and replace the soil."  The clean-up is expected to take up to two years.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Friday, November 20, 2009

IEPA Notifies Four Communities of Groundwater Contamination

Today, the Illinois Environmental Protection Agency reported that it notified the Fox River Grove public drinking water supply, the Hennepin Public Water District, the Rockford public water supply, and the Six Oaks Mobile Home Park (located south of Pecatonica on Route 20) public drinking water supply that there were confirmed detections of groundwater contamination that pose threats of exposure to the public above the Class I groundwater quality standards.

Specifically, IEPA stated that "trichloroethylene (TCE) has been detected and confirmed" in Fox River Grove, Rockford, and Six Oaks Mobile Home Park's "raw (source) and finished (distributed) drinking water, and the TCE exceeds 2.5 parts per billion (ppb).  This level does not yet exceed the Class I groundwater quality standard for TCE of 5.0 ppb that both federal and State law allows in drinking water.  However, the Right to Know provision of the Environmental Protection Act requires that the public be notified even before this Class I groundwater quality standard is exceeded in their drinking water."

IEPA also stated that "tetrachloroethylene (PCE) has been detected and confirmed" in Hennepin's "raw (source) and finished (distributed) drinking water, and the PCE exceeds 2.5 parts per billion (ppb).  This level does not yet exceed the Class I groundwater quality standard for PCE of 5.0 ppb that both federal and State law allows in drinking water.  However, the Right to Know provision of the Environmental Protection Act requires that the public be notified even before this Class I groundwater quality standard is exceeded in their drinking water.

"The Environmental Protection Act requires the water supply provide notification to its customers of this contamination by mail, email, post card, text message or telephone, within five business days of official receipt of the Illinois EPA’s notice.  The public drinking water supply must provide the Illinois EPA with written proof of the notifications within seven calendar days after they are sent."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Thursday, November 19, 2009

ComEd Beginning to Install Smart Meters

According to ComEd's website and a recent article in the Chicago Tribune, ComEd is beginning to install smart meters this month on homes and businesses in several suburbs, including Bellwood, Berwyn, Broadview, Forest Park, Hillside, Maywood, Melrose Park, Oak Park and River Forest.

This follows the news that Naperville received a grant to install smart meters in that city.  ComEd sees the smart meters as a building block in the overall plan for a "smart grid":

"Imagine an electrical distribution system so smart that it 'heals' itself and never requires customers to call ComEd to report an outage; one that sends a message to your cell phone alerting you of the restoration of power while you are out at dinner; one that employs the most advanced technology to dramatically reduce the number of outages and a communication-and information-rich system that empowers customers with real-time data that lets them make the smartest, most cost-effective energy decisions.

"Long-term, AMI meters will automatically notify ComEd of power outages and restorations, without requiring customers to call us. They can give customers real-time data about their energy use so they can make smart usage decisions. Customer Service Representatives also can more easily resolve bill questions, meter problems and other concerns because they are able to access customers’ meters in real-time. That means customers no longer have to wait for customer service representatives to dispatch a technician to assess a problem.

"These advanced meters will transform the industry and open a world of choice to customers, enabling information-based decisions about energy usage to improve energy efficiency, reduce energy bills and cut greenhouse gas emissions."

ComEd's website also includes a nice video on the new smart meters.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Wednesday, November 18, 2009

Environmental Register for October 2009

The Illinois Pollution Control Board recently issued its Environmental Register publication for October 2009.
The Environmental Register features a letter from Chairman Girard, a rulemaking update, a summary of actions of the Board, a summary of new cases, and the Board's calendar.

I will be blogging about some of the news contained in this publication. Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Monday, November 16, 2009

U.S. EPA to Use Poison to Fight Asian Carp

According to a story by the Associated Press, U.S. EPA will use a poison called rotenone in the Chicago Sanitary and Ship Canal to repel Asian carp.  The poison will be used when an electric barrier is taken down for maintenance.

U.S. EPA will "use non-lethal electric shock to catch and move as many sport fish as possible before the rotenone is released."  An antidote will be applied to neutralize the rotenone and limit the spread of the poison.

The threat of Asian carp to the Great Lakes is severe, according to U.S. EPA:

"Asian Carp are a significant threat to the Great Lakes because they are large, extremely prolific, and consume vast amounts of food.  They can weigh up to 100 pounds, and can grow to a length of more than four feet.  They are well-suited to the climate of the Great Lakes region, which is similar to their native Asian habitats.

Researchers expect that Asian carp would disrupt the food chain that supports the native fish of the Great Lakes.  Due to their large size, ravenous appetites, and rapid rate of reproduction, these fish could pose a significant risk to the Great Lakes Ecosystem.  Eventually, they could become a dominant species in the Great Lakes."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Sunday, November 15, 2009

Paving Company Agrees to $15,200 Penalty for Stormwater Violations

On November 5, 2009, the Illinois Pollution Control Board accepted a settlement of the Attorney General's enforcement action for environmental violations at a temporary concrete batch plant located at the intersection of I-74 and I-474 west of Peoria, Peoria County, Illinois.

In People v. Illinois Valley Paving Co., PCB 09-40, the Attorney General alleged the following violations: (1) discharging contaminant-laden stormwater runoff into Kickapoo Creek via an unnamed tributary; (2) creating a water pollution hazard by depositing concrete wastes and residues upon the land without the protection of adequate erosion controls; and (3) violating the terms of a National Pollutant Discharge Elimination System permit.

In settlement documents, the company agreed to a civil penalty of $15,200.  Also, the company must "cease and desist from future violations of the Environmental Protection Act and Board regulations that were the subject of the complaint."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Saturday, November 14, 2009

U.S. EPA Streamlines Spill Prevention, Control, and Countermeasure (SPCC) Rule

On November 13, 2009, U.S. EPA published a final rule in the Federal Register that streamlines the Spill Prevention, Control, and Countermeasure ("SPCC") rule.  The purpose of the SPCC rule is to help prevent discharges of oil from storage containers into navigable waters or adjoining shorelines.

A facility is subject to the SPCC rule if it meets three criteria: "(1) it must be non-transportation-related; (2) it must have an aggregate aboveground storage capacity greater than 1,320 gallons or a completely buried storage capacity greater than 42,000 gallons; and (3) there must be a reasonable expectation of a discharge into or upon navigable waters of the United States or adjoining shorelines."

The new rule becomes effective on January 14, 2010, and changes the original SPCC rule in many ways, including:

• Exemption for hot-mix asphalt;

• Exemption for pesticide application equipment and related mix containers that may currently be subject to the SPCC rule when crop oil or adjuvant oil is added to pesticide formulations;

• Exemption for residential heating oil containers;

• Amendment of the definition of ‘‘facility’’ to clarify that contiguous or non-contiguous buildings, properties,
parcels, leases, structures, installations, pipes, or pipelines may be considered separate facilities;

• Amendment of the facility diagram requirement to clarify how containers, fixed and mobile, are identified on the facility diagram;

• Amendment of the general secondary containment requirements to clarify the scope of secondary containment so that an owner or operator need only take into consideration the typical failure mode, and most likely quantity of oil that would be discharged, consistent with current Agency guidance;

• Amendment of the facility security requirements to allow an owner or operator of a facility to tailor his security measures to the facility’s specific characteristics and location;

• Amendment to allow an owner or operator to consult and rely on industry standards to determine the appropriate qualifications for personnel performing tests and inspections, as well as the type and frequency of integrity testing required for a particular container size and configuration;

• Clarification of the definition of ‘‘permanently closed’’ as it applies to oil production facilities and containers
present at an oil production facility.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Friday, November 13, 2009

U.S. EPA Declares That Chicagoland No Longer Violates Air Pollution Standard

Today, U.S. EPA published a final rule in the Federal Register declaring that the "Chicago-Gary-Lake County, IL-IN" area no longer violates the 24-hour fine particle (PM 2.5) National Ambient Air Quality Standards.

Generally, the Clean Air Act requires that states with areas in violation of the PM 2.5 standard must undertake certain planning and pollution control activities within those areas to come into compliance as quickly as reasonably possible.  Also, health studies have shown an association between exposure to PM 2.5 and premature death from heart and lung disease. 

According to the EPA, "fine particles are extremely small airborne particles.  Airborne particles with a nominal aerodynamic diameter of 2.5 micrometers or less (a micrometer is one-millionth of a meter; 2.5 micrometers is less than about one-thirtieth the thickness of a human hair) are considered to be 'fine particles' and are also known as PM2.5.  Due to their small size, they can penetrate deeply into the lungs of people who inhale them, where they can accumulate, react, or be absorbed into the body."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Thursday, November 12, 2009

IPCB Penalizes Owners and Operators of Landfill for Environmental Violations

On November 5, 2009, the Illinois Pollution Control Board issued an opinion penalizing the owners and operators of a landfill located near Sumner, Lawrence County, Illinois. 

In People v. Simmons, PCB No. 06-159, the Board assessed civil penalties of $10,000 against the Disposal Centre, Inc., and $1,000 against Gary Simmons individually.  The Board also ordered the Disposal Centre to pay an additional $32,164, which is the time-use value of $118,421.90 to recoup the economic benefit earned through non-compliance.  The Board also ordered Simmons to pay an additional $3,573, which is the time-use value of $118,421.90 to recoup the economic benefit earned through non-compliance. Finally, the Board assessed attorney fees of $1,540 against both respondents, for which they are jointly and severally liable.

According to the Board's opinion, the "proven violations involve requirements for post closure care, site security and maintenance, and groundwater and gas monitoring violations. Respondents also violated various permit conditions imposing recordkeeping, reporting, and operational requirements. Finally, the respondents also committed air pollution through failure to correctly manage landfill case."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Wednesday, November 11, 2009

Visit to Wolf Road Nature Preserve

This past weekend, my family got outside to enjoy the warmer weather in the Chicagoland area.  We took a trip to the Wolf Road Nature Preserve in Westchester.  Apparently, this area was set to become a housing development in the 1920s, until the Great Depression stopped those plans.  Today it is a nice place to take a short walk and to enjoy nature.





Sunday, November 8, 2009

Permit Granted for Coal to Synthetic Natural Gas Facility

According to a story in the Chicago Tribune, Power Holdings of Illinois LLC received an air pollution permit from Illinois EPA to construct a facility that would convert coal into synthetic natural gas.  The facility would be located in southern Illinois, near Waltonville.  Power Holdings describes the conversion process as follows:

"A gasifer is a closed vessel where coal slurry (coal turned to powder and mixed with water) is combined with nearly pure oxygen.  The gasifier operates at a very high pressure (1000 psi) and high temperature ( 2500 degrees F).  Almost all the coal is turned into a gas with a small percentage leaving the bottom of the gasifier in the form of a glass like material that can be used in road bed construction and concrete production.  The gas that leaves the gasifiers is cleaned of impurities (particulates, sulfur and mercury) and converted into synthetic natural gas, which is the same as the natural gas used in homes.  As part of the gas clean‐up processes, high pressure steam is produced which is used to generate sufficient electric power to operate the entire Facility."


Power Holdings expects that construction could begin next summer or fall and take about three years.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Saturday, November 7, 2009

$33,000 Penalty to Settle Air Pollution Enforcement Action Relating to Asbestos

On October 28, 2009, the Illinois Attorney General and the owner of a building in Collinsville, Illinois entered into a settlement to resolve an air pollution enforcement action filed with the Illinois Pollution Control Board.

In People v. Chippewa Loft, LLC, No. 07-68, the Illinois Attorney General alleged that the owner removed approximately 3,700 square feet of asbestos-containing floor tile during a renovation of the building.  The Attorney General also alleged that the owner chipped and crushed the floor tile and disposed of it in two open dumpsters in the rear of the facility.  An inspector from the Illinois EPA observed a substantial amount of debris within, and on the ground adjacent to, the two dumpsters.

The Attorney General alleged that the owner violated the National Emissions Standards for Asbestos and State air pollution laws, because the owner did not provide written notification to the Illinois EPA prior to commencement of the renovation activities.  Also, the owner failed to appropriately store and dispose of the asbestos-containing floor tile.  Furthermore, the owner failed to pay a notification fee required by state statute.

In the settlement, the owner admitted the violations alleged by the Attorney General and agreed to pay a $33,000 penalty.  The owner also agreed to pay $12,000 to help fund an upgrade of the water disinfection system for the City of Collinsville.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Thursday, November 5, 2009

Money Needed to Maintain Asian Carp Barrier

According to a story heard on WBBM radio, the $9 million electronic barrier installed in the Chicago Sanitary and Ship Canal to keep Asian carp from swimming into Lake Michigan needs maintenance.  The problem, however, is that the State of Illinois does not have the $750,000 needed to perform the maintenance.

University of Wisconsin biologist Phil Moy "says the state of Illinois doesn't have the money.  He says it should really come from Washington since this is a matter that affects all the states around the Great Lakes. 'It is a little bit frustrating to work only at the pace of the federal government rather than the pace that these fish might want.'"

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Tuesday, November 3, 2009

Governor Quinn Appoints New Member of Illinois Pollution Control Board

According to an article in the Chicago Tribune, Illinois Governor Pat Quinn announced the appointment of Carrie Zalewski as the newest member of the Illinois Pollution Control Board. 

"The 30-year-old environmental compliance attorney for the state Transportation Department is married to Rep. Mike Zalewski, D-Chicago."  Mrs. Zalewski will start November 16th and will replace Dr. Shundar Lin, whose term is expiring.  According to the website of the Attorney Registration & Disciplinary Commission, Mrs. Zalewski was admitted to practice as a lawyer in Illinois in 2004.

The Pollution Control Board is an independent state agency that sets environmental regulations and decides certain environmental cases, including enforcement cases.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Monday, November 2, 2009

Naperville Awarded $11 Million for Digital Electricity Meters

According to an article in the Chicago Tribune, the City of Naperville has been awarded $11 million of federal stimulus money for digital electricity meters.  The award is subject to the city coming up with matching funds.

"Digital electricity meters, called smart meters, permit consumers to monitor their energy use in near-real time, allowing them to reduce their carbon footprint and power bills by setting certain household appliances to run during low-demand hours, when electricity is cheaper.  They are one component of smart grid technology that would also make it easier to incorporate renewable energy into the overall electricity production process and avoid massive blackouts by making the power grid more transparent."

It is expected that the city will save about $80 million through lower power rates and reduce 180,000 tons of carbon emissions over the next 15 years.
 
According to the city's website, Naperville’s smart grid project includes:

• Complete automation of the city’s electric grid, which will provide automatic, computerized meter readings in real-time. This will streamline customer billing and increasing billing accuracy.

• The addition of more than 57,000 smart meters will allow residents and businesses to analyze and adjust their energy usage patterns, thus conserving energy and controlling consumption and costs.

• Based on the availability of real-time feedback, the Department of Public Utilities will increase utility reliability and support two-way communication flow between the customer and the utility.

• Through a better understanding of utility demand and usage, pricing can be lowered accordingly.

• The smart grid will also serve as the initial infrastructure to support electric car usage for the average household.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Sunday, November 1, 2009

U.S. EPA's Final Rule on Mandatory Reporting of Greenhouse Gases

On October 30th, U.S. EPA published a final rule requiring that certain facilities report their greenhouse gas emissions. 

Under the rule, suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of greenhouse emissions are required to submit annual reports to U.S. EPA.  It is estimated that about 10,000 facilities are covered by the rule.  The gases covered by the rule are carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and other fluorinated gases including nitrogen trifluoride and hydrofluorinated ethers.  Facilities subject to this rule must begin collecting data on January 1, 2010.  The first annual report is due on March 31, 2011, for greenhouse gases emitted or products supplied during 2010.

U.S. EPA has placed additional information and training materials concerning this rule on its website (click here).

Although this rule does not, by itself, control or regulate greenhouse gases, it is clear that U.S. EPA will use this information to further regulate greenhouse gases in the future.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.