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To Provide and Maintain a Healthful Environment State of Illinois Illinois Environmental Protection Agency Douglas P. Scott, Director Biennial Report 2007 - 2008 DECEMBER 2009

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Page 1: StateofIllinois IllinoisEnvironmentalProtectionAgency ... › ... › biennial-report › 2007-2008-report.pdf · BIENNIAL REPORT 2007 - 2008 . Illinois Environmental Protection Agency

To Provide and Maintain a Healthful Environment

State of IllinoisIllinois Environmental Protection AgencyDouglas P. Scott, Director

Biennial Report 2007 - 2008DECEMBER 2009

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AACCKKNNOOWWLLEEDDGGEEMMEENNTTSS

Editor:

Dennis McMurray

Graphic Design:

IOCI Design & Publications

Photography:

Bob Wiatrolik

Contributors:

Geoff Andres, Kim Biggs, Melissa Bohn, Richard Breckenridge, Bud Bridgewater, Maggie Carson, Robert Carson, Mike Charles, Christine Davis, Elmo Dowd, Mike Garretson, Kevin Greene, Karen Hoffman, Dawn Hollis, Steve Kolsto, Barb Lieberoff, Deirdre McQuillen, Kristi Morris-Richards,Kurt Neibergall, Ellen Robinson,Jim Ross, Sarah Tadla, Bruce Yurdin

ARTICLE XI-ENVIRONMENT

SSeeccttiioonn 11:: PPUUBBLLIICC PPOOLLIICCYY--LLEEGGIISSLLAATTIIVVEE RREESSPPOONNSSIIBBIILLIITTYY

The public policy of the State and the duty ofeach person is to provide and maintain ahealthful environment for the benefit of thisand future generations. The General Assemblyshall provide by law for the implementationand enforcement of this public policy.

SSeeccttiioonn 22:: RRIIGGHHTTSS OOFF IINNDDIIVVIIDDUUAALLSS

Each person has the right to a healthfulenvironment. Each person may enforce thisright against any party, government or private,through appropriate legal proceedings subjectto reasonable limitation and regulation as theGeneral Assembly may provide by law.

–– From the Constitution of the State ofIllinois /Ratified Dec. 15, 1970

“By thy rivers gently flowing,Illinois, Illinois

O’er thy prairies verdant growing, Illinois, Illinois

Comes an echo on the breeze.”

–– From “Illinois” (Official State Song)written by C. H. Chamberlain

BIENNIAL REPORT 2007 - 2008 .. Illinois Environmental Protection Agency

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Illinois Environmental Protection Agency

DECEMBER 2007

State of IllinoisEnvironmental Protection AgencyOffice of the DirectorSpringfield, Illinois

BIENNIAL REPORT 2007 - 2008

IEPA/DO

To Provide and Maintain a Healthful Environment

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BIENNIAL REPORT 2007 - 2008 .. Illinois Environmental Protection Agency

Contents

Message from the Director......................................................................................................................................................6

Public Outreach and Citizen Involvement..........................................................................................................9

Environmental Education Programs......................................................................................................................................................9 Pollution Precention Internships..........................................................................................................................................................11Agriculture and Rural Affairs ..............................................................................................................................................................11Environmental Justice ........................................................................................................................................................................12Medication Disposal............................................................................................................................................................................12

Clean Water ..................................................................................................................................................................................14

Watersheds and TMDLs ......................................................................................................................................................................16Nonpoint source pollution ..................................................................................................................................................................17Priority Lake and Watershed Implementation Program ......................................................................................................................18LEAP ..................................................................................................................................................................................................19Volunteer lake monitoring ..................................................................................................................................................................19Water Pollution Control compliance ..................................................................................................................................................20Safe Drinking Water ............................................................................................................................................................................21Radium ................................................................................................................................................................................................23SWAP and drinking water information ..............................................................................................................................................25Infrastructure loan programs ..............................................................................................................................................................27Groundwater assessment ....................................................................................................................................................................28

Clean Land ....................................................................................................................................................................................29

Landfills and solid waste management ..............................................................................................................................................30IRID and open dumps..........................................................................................................................................................................31Remediation programs ........................................................................................................................................................................32Used tires ............................................................................................................................................................................................33Household hazardous waste collections ..............................................................................................................................................34

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Contents

Brownfield grants ............................................................................................................................................................................35ADM case study ..............................................................................................................................................................................37Lucas Tire case study........................................................................................................................................................................38One Hour Martinizing case study .....................................................................................................................................................39

Clean Air ....................................................................................................................................................................................40

Air quality ........................................................................................................................................................................................41Power plant air emission reduction agreements ..............................................................................................................................42Green Pays on Green Days ..............................................................................................................................................................44Clean School Bus, alternate fuels, Green Fleets ..............................................................................................................................44Vehicle emissions testing..................................................................................................................................................................45

Emergency Operations ........................................................................................................................................................46

Labs ................................................................................................................................................................................................50

Enforcement Program ..........................................................................................................................................................50

New Environmental Laws ..................................................................................................................................................53

Field Offices ..............................................................................................................................................................................59

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MESSAGE FROM THE DIRECTORThis is the third Biennial Report from IllinoisEPA, providing an overview of the Agency’swork during 2007 and 2008. It highlights theongoing progress being made in our state toprotect our air, land and water resources, aswell as continuing efforts to involvecommunities, make environmental informationmore accessible to citizens, and encourageeveryone to take responsibility for goodenvironmental practices. The dedicated staff ofprofessionals at Illinois EPA relies oncooperation and partnerships with the regulatedcommunity, local governments, citizenorganizations and others to carry out ourmission. Since 1970 the Illinois EnvironmentalProtection Agency has implemented andadministered major state and federalenvironmental laws and regulations that havehelped result in significant improvements inthe quality of our air, land, and water andprotection of public health and that workcontinued in 2007 and 2008, with additionalaccomplishments reflected in this report.

Outdoor air quality has improved significantlyand most recently we have met one set offederal standards for ozone and fineparticulates in the Chicagoland and Metro Eastareas while we work on new strategies to meeteven more stringent ones that are going intoeffect. Air quality monitoring data continuesto show progress---during 2007 outdoor air

quality in Illinois was either good or moderatemore than 93 percent of the time and more than96 percent of the time in 2008. This reportincludes details on changes in the emissiontesting program in the Chicagoland and MetroEast areas implemented in April 2008 thatprovide greater convenience to vehicle ownerswhile reducing costs to the state and preservingemission reductions. Other programs of IllinoisEPA to reduce “mobile source” air pollutants,such as diesel emission and alternate fuelreduction, are also detailed in the report.

While overall air quality in Illinois has steadilyimproved in the past three decades, the IllinoisEPA has taken additional steps forward inaddressing mercury and other pollutants fromcoal-fired power plants and reducinggreenhouse gases that contribute to globalwarming.

In July 2008, Illinois coal-fired power plantsbegan to install and operate mercury emissioncontrols to comply with the Illinois MercuryRule adopted by the Illinois Pollution ControlBoard at the request of the Illinois EPA thatbecame effective in December 2007. Widelyrecognized as ground-breaking and one of themost stringent in the country, it requirespollution controls capable of achieving a 90percent reduction in mercury emitted frompower plants. Agreements reached with thepower companies on mercury reductions alsorequire reductions in nitrogen oxides and sulfurdioxide that go beyond federal requirements.

Illinois also began establishing its leadershipamong the states during 2007-2008 on theissue of climate change, which many believeto be the great environmental challenge of ourtime. Illinois was only the second state to jointhe Chicago Climate Exchange and agree toreduce greenhouse gas emissions and has beenactive in creation of the national ClimateRegistry, and in the implementation of theMidwest Greenhouse Gas Reduction Accord.The Illinois Climate Change Initiative was oneof the first in the nation to enlist farmers andother landowners in programs such asconservation tillage, use of methane digestersand reforestation to reduce greenhouse gasemissions in exchange for the selling of creditson the Chicago Climate Exchange and therehas been a strong response across the state. TheIllinois Climate Change Advisory Group,composed of a broad range of representativesfrom business, labor, government, academia,environmental organizations, localgovernments and others, met extensivelyduring 2007 and with the assistance of leadingenergy and environmental consulting firmsrecommended 24 diverse strategies that wouldmeet a goal of reducing greenhouse gasemissions in Illinois to 1990 levels by 2020. The site cleanup programs administered byIllinois EPA to remove historic contaminationfrom old industrial and commercial sites havebeen among the largest and most successful inthe nation. During IEPA began refining ourcleanup program to emphasize moresustainable and green practices for these

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remediation projects. Case studies of somemajor cleanup projects in 2007 and 2008 areincluded in this report.

In the fall of 2006, the first cleanups of illegalopen dumps under the new IRID or IllinoisRemoves Illegal Dumps program began, andby the end of 2008 more than 200 had beencompleted. IRID is the first significant fundingthe Agency has received in its history toaddress these long-festering open dumps andthe program was extremely popular with bothlocal citizens and local officials who helped usidentify and prioritize sites for cleanup as wellas taking steps, such as signage and increasedpolice patrols, to prevent future open dumpingat these locations.

The Agency’s Bureau of Land’s hazardous andsolid waste management programs have beensuccessful in cleaning up thousands of acres ofland throughout Illinois and reducing theamount of waste disposed of in Illinoislandfills. In 2008, the Bureau of Land helpedpass one of the most comprehensive stateelectronic waste (e-waste) recycling laws in thenation. As the lead agency, the Illinois EPAwill implement a system by whichmanufacturers of computers, televisions andprinters will partner with local governments,recyclers, refurbishers and others to developalternatives to landfill disposal.

Also in 2008, the Illinois EPA beganconducting pilot pharmaceutical collections in

25 counties in partnership with localgovernments, pharmacies and others to preventunwanted medications from getting into waterbodies. The Illinois EPA also organized astatewide Summit Conference in October 2008attended by more than 100 representativesfrom a broad range of organizations and anongoing Medication Education DisposalSolutions Committee was launched as a resultto create collaborative coalitions to expandpharmaceutical collection and educationprograms. Illinois EPA also was one of thefirst state agencies in the nation in 2008 tosample public water supplies for severalpharmaceutical-related chemicals and whileonly trace amounts of some of them werefound, follow-up monitoring will continue.

Particularly since the passage of landmark“Right to Know” legislation in 2005, IEPA hasalso been working diligently on expandingoutreach to citizens impacted by off-sitecontamination from industrial and othersources. Those responsible for thecontamination now have a greater legalobligation to not only inform their neighbors ofany impact but to put in place communityrelations plans under IEPA oversight. IEPA hasalso greatly expanded the amount of interactiveenvironmental information available throughthe Internet, such as information on drinkingwater supplies, cleanup sites and enforcementcases and that effort continued in 2007-2008.

“Each of us has the responsibility to protect the environment – not just for

our quality of life today, but for the generations to come.

Douglas P. Scott,Director, IEPA

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The Agency’s Bureau of Water continued in2007-2008 to ensure that Illinois' rivers,streams and lakes will support all uses forwhich they are designated including protectionof aquatic life, recreation and drinking watersupplies, including regulating public watersupplies to make sure they provide water thatis consistently safe to drink, and protectIllinois' groundwater resources for designateddrinking water and other beneficial uses. TheBureau administers thousands of permits underthe National Pollutant Discharge EliminationSystem (NPDES) and also oversees operationof community water supplies and wastewatertreatment plants.

The Bureau of Water also administers the low-interest revolving loan infrastructure program,which continues to be a key component forcommunities across the state being able tomove forward on upgrading or expandingwastewater and drinking water treatment plantsand collection and distribution facilities. TheBureau also helps protect water resourcesthrough administering federally-funded non-source pollution prevention grant projects toreduce runoff and erosion and througheducation programs, such as volunteer lakemonitoring and lake festivals and grants andworkshops for teachers and students. Statisticsand more information on the loan and grantprojects are contained in this report.

Illinois EPA’s Office of Emergency Responseis responsible for responding to environmental

emergencies such as spills or sudden accidentalrelease of hazardous substances throughout thestate. This Office also serves on the IllinoisTerrorism Task Force. Statistics and examplesof incident responses in 2007-2008 arehighlighted in this report.

The Agency’s Office of Environmental Policy& Outreach works with citizens, public interestgroups, and industry to improve the efficiencyand effectiveness of environmental programs atthe Illinois EPA. Through agricultural policyand advisory, local government initiatives,community relations outreach, and educationalprograms, this Office promotes publicawareness of environmental issues that impactthe health and welfare of Illinois citizens. It isalso responsible for ensuring thatenvironmental justice (EJ) outreach activitiesare integrated into the permitting andregulatory processes and in 2008representatives from several citizen groupsattended a statewide conference onenvironmental justice and the agency’s officialEJ policy was finalized. Environmental Policyand Outreach also continued during 2007-2008to coordinate IEPA’s diverse environmentaleducation programs, including the“Environmental Pathways” curriculum packetand associated Poster, Poetry and ProseContest, the Green Youth Awards, EarthStewardship Day and the state Science Fair.The Office of Pollution Prevention continuedits assistance to local agencies and industry topromote pollution prevention as the preferred

strategy for environmental protection and forreducing waste and also took a leadership rolein implementing “green” initiatives in stategovernment. The Office of CommunityRelations continued to be a key component ofthe Agency’s outreach efforts in 2007-2008,ensuring that citizens were aware of potentialenvironmental impacts and had input intopermit decisions through public hearings andinformation sessions. Some of the examples ofthe work of this Office in 2007-2008 areincluded in this report as well.

Illinois EPA’s Division of Legal Counsel isresponsible for the development andcoordination of formal enforcement cases withthe Illinois Attorney General and State’sAttorneys. The Division also helps developlegislative and regulatory proposals andprovides legal advice to management and staff.Statistics and summaries of some majorenforcement cases for 2007-2008 can also befound in this report.

In conclusion, I hope you find this report ofinterest and if you have any suggestions orideas on how can make our programs better,please contact us. When it comes to protectingthe environment, it is not just the responsibilityof government regulatory agencies, but all ofus.

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PUBLIC OUTREACHAND CITIZENINVOLVEMENTOffice of Community Relations: 2007-2008 Project Activities

The Office of Community Relations (OCR)coordinated public hearings, informationalmeetings, sampling access agreements, anddistribution of fact sheets and other sitespecific materials at locations throughoutIllinois during 2007-2008. Whether it involvedpermit applications or the status and potentialhazards from contamination, OCR communityrelations coordinators continued to provide acrucial link between the Agency and thepublic, as well as local agencies, such ascounty health departments. Among the numerous sites to which OCR staffwere assigned in 2007-2008 were the remedialwork on tritium releases from the Braidwooodnuclear generating facility, groundwatercontamination investigations in DuPage andMcHenry Counties, methane releasecomplaints for Mallard Lake Landfill inDuPage County, solvent contamination ingroundwater in the Fox Lake (Lake County)area, and ongoing remediation work at theformer Indian/Texaco refinery inLawrenceville.Others included the ASARCO-Taylor Springsremoval actions involving excavation andrestoration in 2007-2008 of 36 properties

impacted by lead contamination; a siteinvestigation and screening of nearbyresidential yards near the former AbingdonPottery Co. in Abingdon (Knox County) in2007; keeping nearby residents aware ofadditional gas vents and other controlsimplemented in 2008 at the MIG DeWane,Countryside and Land Comp landfills toaddress odor complaints. Community Relationsalso provided fact sheets and othercommunications to citizens on the Bell Fuelssite in (x) and landscape waste compostfacilities. OCR also coordinated community relationsand assisted with preparing responses toquestions raised at hearings and in writtencomments for air pollution control and waterdischarge permits for a major refineryexpansion, proposed new ethanol plants andpower plants, as well as the first carbondioxide sequestration project in Illinoispermitted in 2008. Community relations staffalso continued to coordinate publicinvolvement in the ongoing cleanups of oldmanufactured gas plant sites around the stateand ongoing remediation at National PriorityList (Superfund) sites, including Johns-Manville and Outboard Marine in Waukegan,as well as on federal led cleanup sites, such asformer military facilities like the Chanute AirForce Base in Rantoul.The Office of Community Relations alsorepresented the Agency on addressing

remaining issues for the Waukegan HarborArea of Concern on Lake Michigan, andhelping coordinate public meetings andoutreach for watershed plans, such as for theWaukegan River and Aux Sable Creek.

Illinois EPA Environmental EducationThe Agency’s 21st Annual Poster, Poetry andProse Awards Ceremony was held on Saturday,April 5, 2008 at the Hall of Flags andAuditorium in the Howlett Building. Thecontest is held in coordination with distributionof the Agency’s Environmental Pathways studymaterial to classrooms across the state. Forty-five statewide finalists, along with ten out oftwelve of the top winners were able to attendthe ceremony for refreshments and tours of theIllinois State Capitol and the Illinois StateMuseum with their families. Twelve teacherswere also able to join the awards ceremony.Director Scott presented a certificate andribbon to all of the finalists; and the topwinners received a $50 U.S. Savings Bond, arosette, certificate and an environmentalreference book for their school library. Theawards ceremony also included an additionalaward to twelve students; an HonorableMention medal in recognition of creativity,time and effort, and artistic skills. This year’stheme was “Global Warming – What Can WeDo?”The 17th annual Earth Stewardship Day washeld on Tuesday, May 6, 2008 at Lincoln Parkin Springfield. Over 750 Sangamon County

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fourth graders attended this event to learnabout the importance of protecting, restoring,recycling and reusing natural resources. A totalof 29 interactive presentations and specialattractions were scattered throughout the park.The various presenters represented a widerange of agencies and organizations, allfocusing on the importance of protecting,restoring, recycling and reusing naturalresources. Five stations were staffed by theIllinois EPA, which included "EnvironmentalJeopardy," "Macroinvertebrate Mayhem,""Recycle Dash," “Toxic Relay,” and“Groundwater Model.” Special presentationswere offered by Brian "Fox" Ellis, of Fox TalesInternational and Dan Keding of DanTales,Urbana. These environmental storytellers areknown nationally. Grant Middle School’s 7thgrade IMSA students also presented their“Global Warming” project, and the WildlifePrairie Park presented their live animals withthe “Illinois Birds of Prey.”

The Illinois Environmental Protection Agency,the Illinois Departments of Agriculture,Commerce and Economic Opportunity, NaturalResources, and Transportation, as well as theAssociation of Illinois Soil and WaterConservation Districts, the city of Springfieldand the Illinois State Treasurers Office jointlysponsored this year’s event.

IEPA staff organized and judged the IllinoisJunior Academy of Science State Exposition asa Special Awards Sponsor in Champaign on

Saturday, May 3, 2008 to select four projectsfor an Illinois EPA Environmental ExcellenceAward. Over 1,000 Illinois students entered aproject in this year’s science fair. The judgesstarted out with over 130 projects thatencompassed an environmental awareness. Theawards given were broken into two categories;a junior (7th and 8th grade) and a senior (9th –12th grade) division. Winners were chosenfrom each category to receive an OutstandingAchievement, which consists of a $100 U.S.Savings Bond, plaque and certificate, and a

Second Place Recognition, which includes a$50 U.S. Savings Bond, a plaque andcertificate.Quarterly editions of the Citizens’ Bulletingwere created, compiled and distributed to thelist of registered e-mails. They were alsoposted on the Agency web site.

Dive In! was held on October 22, 2008 at thePeace of Earth Environmental Learning Centerin Rushville. Dive In! is a day of watereducation for students and is celebrated withinteractive water related presentations. Local4th and 5th grade students explores a diversityof water related topics including watersheds,geology and water quality. This event is fundedby the BOW and will be moving around thestate. Agency staff held five different presentationstations at Glenwood Intermediate School inChatham on May 14, 2008. Over 300 fourthgraders rotated through the following stations:Environmental Jeopardy, Recycle Dash, ToxicRelay, the Long Haul and Monitoring WaterQuality. The event was initially to be heldoutdoors. However, because of inclementweather, everything was held indoors. This wasthe second year that the Agency held this eventat the school to help the students learn aboutthe importance of protecting, restoring,recycling and reusing natural resources. Agency staff presented at the three-dayConservation Fair 2008 held at the DuQuoinState Fairgrounds September 30 throughOctober 2, 2008. This event was open tostudents from kindergarten through sixthgrade, and hosted by Jackson, Williamson,Perry, Washington, Randolph and FranklinCounties. Over 1,600 students were able tolearn about the environment and its valuablenatural resources.

2008 poster.

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IEPA staff also made presentations at the four-day 2008 Stewardship Week that was held atthe Western Illinois Youth Camp at LakeJacksonville September 25-26 and October 2-3. Around 1200 first through sixth gradestudents from six different counties (Greene,Morgan, Macoupin, Cass, Pike and Sangamon)attended this event. They were able to learnabout their environment and ways to protect itwith hands-on activities.In addition, Illinois EPA continued to conductworkshops for teachers on environmentaleducation issues in 2007-2008.

Office of Pollution Prevention: 2007-2008Pollution Prevention Internships

In the summers of 2007 and 2008, IllinoisEPA’s Office of Pollution Prevention trainedand placed 32 student interns in the field towork on pollution prevention projects atindustrial, educational and local governmentfacilities across the state. The students wererecruited primarily from engineering andchemistry programs at state universities. Theinterns worked on projects to reduce waste,save energy and minimize releases to theenvironment. The projects varied widely, buteach was designed to help facilities savemoney and improve efficiency. Takentogether, the intern projects have the potentialto:

• Reduce energy costs by over $3.7 million;

• Save over $1.6 million in lower operating and disposal costs;

• Divert over 2,500 pounds of waste material from landfills;

• Curb greenhouse gas emissions by 916 tons.

Mercury Switch Removal

The Illinois Mercury Switch Removal Actbecame law April 24, 2006. Under the law,automakers were required to develop astatewide program to collect mercury-containing switches from end-of-life vehiclesbefore they are shredded and crushed forrecycling. The mercury switches can be foundin trunk and hood lights, as well as anti-lockbrake systems of certain older vehicles. In2007, 11 recyclers submitted 15,450 switchesor a total of 33.99 pounds of mercury forrecycling. The switch removal program wasvoluntary in nature during the first year ofoperation. In September 2008, two importantchanges were made in the program because a50 percent collection target was not achieved.Automakers were required to pay vehiclerecyclers, crushers and scrap metal processorsa removal incentive of two dollars for everymercury switch removed. In addition, allmercury switches from end-of-life or scrapvehicles were required to be removed beforethe vehicle is processed as scrap metal, unlessthe switch is inaccessible due to significant

damage to the vehicle. With the incentiveprogram, more switches were collected in thelast half of 2008 than in all of 2007. Fifty-five(55) auto recyclers removed 32,364 mercuryswitches or 70.98 pounds of mercury fromend-of-life vehicles in 2008.

Agricultural and Rural Affairs: 2007-2008 Activities

The Agency’s Agricultural and Rural AffairsAdvisor, Richard Breckenridge, worked on avariety of environmental activities thatparticularly impact the agricultural and ruralsector of Illinois in 2007-2008, includingissues related to ethanol production,greenhouse gas reduction and livestockproduction.The Advisor was one of the coordinators of theIllinois Conservation Climate Initiative, which,in 2008, passed the $1 million dollar amountin payments to Illinois landowners for usingconservation practices that help offsetgreenhouse gas emissions, as well asfacilitating a methane production and digesterstudy on a large swine production facility inSouthern Illinois.Other activities included helping start, alongwith Associate Director Elmo Dowd, anoutreach to the 15 smallest counties in thestate, with populations under 10,000, andworking with both state university andagribusiness and livestock and commoditygroups on environmental polices impacting

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agriculture, as well as special outreach to thedairy industry in northwestern Illinois onagency inspections.

Involvement in the ethanol industry includedfacilitating a study with the WasteManagement and Research Center on bestmanagement practices to reduce water usage inethanol plants, and providing input on ethanoland biodiesel production to the Lt. Governor’sRural Affairs Council and Biofuels WorkingGroup, the Attorney General’s AgriculturalAdvisory Committee and the Western IllinoisUniversity Rural Affairs Department.

The Agricultural Advisor also participated inthe Interagency Pesticide Committee thatresponds to pesticide label issues, spills andwater impact issues.

Environmental Justice PolicyFinalized and Conference Held in 2008

In 2008, the Illinois EPA finalized itsEnvironmental Justice policy, formalizing theAgency’s commitment to “promotingenvironmental equity in the administration ofits programs to the extent it may do so legallyand practicably” and pledging to “support theobjectives of achieving environmental equityfor all of the citizens of Illinois.”

Environmental Justice or “EJ” is based on theprinciple that all people should be protectedfrom environmental pollution regardless of

race or income level and communities shouldreceive an equitable share of environmentalprotection and benefits. It also incorporatesmeaningful involvement of all people withrespect to the development, implementationand enforcement of environmental laws,regulations and policies.

Details on the policy implementation andprocesses such as raising EJ issues inpermitting, as well as contact information forthe Agency’s EJ Officer, Ken Page, can befound on the Agency’s web site atwww.epa.state.il.us/environmental-justice.Spanish language versions as well as brochuresin both English and Spanish are also availablefrom the web site.A statewide Environmental Justice AdvisoryGroup also continued to provide input. Inaddition, the first statewide forum on EJ hostedby IEPA was held in Springfield in November2008 and was attended by representatives ofcommunity organizations, environmentaladvocacy groups and business associations.After hearing an overview of the agency’senvironmental justice policy and proceduresfrom Associate Director Elmo Dowd, attendeesbroke into discussion groups and maderecommendations on increasing transparency,information-sharing and communicating withcommunities impacted by permitting offacilities, contaminated site cleanups and airreleases and water discharges.

IEPA Hosts Statewide SummitConference and LaunchesCollaborative for Disposal ofUnwanted Medications in 2008

Follows launch of pilot collection program in late 2007

On Oct. 1, 2008, Illinois EPA hosted a SummitConference at the University of Illinois atSpringfield in which more than 130representatives of a variety of organizations,including environmental advocates, localgovernment and law enforcement, educators,health care provides, pharmacists andpharmaceutical manufacturers, wastewater anddrinking water systems and solid wasteagencies participated.

As a result of the conference, the MedicationEducation Disposal Solutions (MEDS) ActionCommittee, a diverse collaborative of publicand private organizations was formed toimplement additional educational initiatives onenvironmentally-responsible disposal ofpharmaceuticals and personal care products, aswell as to encourage additional partnerships foran expanded network of dropoff and pickupsites for unwanted medications.

In 2007, IEPA launched a pilot project ofpartnering with local governments, lawenforcement agencies and pharmacies toestablish drop-off or take-back locations.Contractors paid by IEPA through a portion ofthe fees collected at landfills pick up the drugs

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for high-temperature destruction. Since the summit conference, additionalpartnerships on both the municipal and county-wide level resulted in more drop-off locationsthat have been added to the IEPA pilotprogram, with additional ones on the drawingboards through partnerships involving policedepartments, pharmacies and localgovernments and solid waste agencies. IllinoisEPA is a national leader in not only samplingfor an expansive range of chemicals frompharmaceuticals in water supplies, with itssampling protocols now being used as anational model, but with its education andcollection programs. In addition, the MEDS Action Committeemade available additional educationalmaterials with the “don’t flush” message andwebsite links for information on disposalalternatives and locations. Thewww.epa.state.il.us/medication-disposal webpages provide extensive information onsampling and analysis for pharmaceuticals andthe results of the Oct. 1 Summit, as well as factsheets, FAQs, colorful posters, and PublicService Announcement audio files available fordownloading that discourage the traditionaldisposal for unused medications of flushingthem down the toilet or sink and potentiallycausing trace amounts to eventually end up inwater bodies and potentially harm aquatic life.The PSAs have been sent to all radio stationsin Illinois.

The web site also includes a Speaker’sBureau/Resource list of contacts who can helpset up new collection and education programs.There are also links to pharmaceutical disposalinformation and research on the web sites ofmajor participant organizations in MEDS,including p2d2, the Illinois-Indiana Sea Grant,and Prairie Rivers Network. Illinois-AmericanWater Co. has also been an active partner,providing the booth space today in Peoria andalso working with communities in its serviceterritory to start up unused medication drop-offprograms.

The p2d2 (pharmaceutical pill and drugdisposal) program founded by Pontiac HighSchool teachers Paul Ritter and Eric Bohm(who were keynote speakers at the Oct. 1, 2008summit) and their students has been a keypartner in the MEDS Action Committee andhas given a graphic “mascot” Phil Bottle Philfor use in the educational materials, as well assponsoring workshops for municipalities andothers on establishing their own drop-offlocations, typically in secure locations likepolice stations.

The Illinois EPA web site (www.epa.state.il.us)also contains numerous searchable databasesmaking it easy for consumers and the generalpublic to access information on their localpublic drinking water supply. The“Environmental Facts Online” button link onthe right side of the agency home page is aneasy portal to the database menu, which

includes Drinking Water Watch and SafeDrinking Water Information System that can besearched with as little information as the nameof the water supply or community. The publiccan find such information as sources of water,sampling results for potential contaminantsspecified under the federal Clean Water Actand any violations of the MaximumContaminant Level standards, enforcementactions, and copies of the annual ConsumerConfidence Report for their system.

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“...By thy rivers gently flowing,Illinois, Illinois.”

CLEAN WATER

The Illinois EPA through its Bureau of Wateroversees programs to protect and improve thestate’s surface and groundwater, as well as thedevelopment, construction and operation offacilities to collect, treat and discharge sewage,oversight for the development, construction andoperation of drinking water treatment plants, lowinterest loans to fund these projects, andadministers a variety of federal permit and grantprograms to ensure safe use of Illinois watersrecreationally and as essential components ofgood health and a healthy state environment.

Watershed Basin Number and Name

1. Great Lakes/Calumet

2. Des Plaines

3. Upper Fox

4. Lower Fox

5. Kishwaukee

6. Rock

7. Pecatonica

8. Green

9. Mississippi North

10. Kankakee/Iroquois

11. Upper Illinois/Mazon

12. Vermilion (Illinois)

13. Middle Illinois

14. Mackinaw

15. Spoon

16. Mississippi North Central

17. La Moine

18. Lower Illinois/Macoupin

19. Mississippi Central

20. Lower Sangamon

21. Upper Sangamon

22. Salt Creek of Sangamon

23. Upper Kaskaskia

24. Middle Kaskaskia/Shoal

25. Lower Kaskaskia

26. Big Muddy

27. Mississippi South Central

28. Mississippi South

29. Vermilion (Wabash)

30. Embarras/Middle Wabash

31. Little and Lower Wabash/Skillet Fork

32. Saline River/Bay Creek

33. Cache

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ILLINOIS’ WATER WEALTHIt is estimated that Illinois’ surface waterresources have only about 10 miles ofwater less than the combined lengths ofthe Nile, Amazon, Yangtze (Changjiang)and Volga Rivers.

Illinois has 87,110 stream miles of rivers andstreams, 91,400 inland lakes and ponds withinits borders, and 1,089 miles of major riversmake up part of its borders. The state hasjurisdiction over a million acres of LakeMichigan. Illinois is a water-rich state withresources adequate to meet most existing andfuture demands.Surface water in Illinois provides navigation,wildlife and aquatic habitats, waste dilution,drinking water, industrial and othercommercial use, power generation, agricultureand irrigation. Groundwater is also plentiful inIllinois with high quality water availablethroughout the state from numerous aquifers.Natural and human-related activities canthreaten full use of these resources, and inrecognition of the State of Illinois’commitment to assuring plentiful clean andsafe water for all citizens, ongoing thoughtfulevaluation of current usage is needed.Illinois receives an average 100 billion gallonsof water a day from precipitation, with about77 billion gallons of water each day returnedto the atmosphere as evaporation from waterand land surfaces, and transpiration fromgrowing plants.

Overall, surface water meets most drinkingwater needs, with Lake Michigan the majorwater source for the state’s most denselypopulated areas in and around Chicago, andwith communities in the southern half of thestate relying on rivers, lakes and reservoirs tomeet their water needs.The quality of all these water resources can beaffected by:• naturally occurring radioactivity, salinity, biologic organisms, and substances present in the state’s geologic makeup;

• industrial or agricultural discharges and spills,

• overuse of farm and industrial products that contaminate groundwater and surface waters, and

• human activity that causes sediment runoff and causes accumulation that reduces reservoir capacity.

Illinois’ growing population, with denseconcentrations in some areas, increasesdemand for water, while a growing awarenessof environmental issues, and theunpredictability of floods or droughts, allchallenge agencies and programs charged withprotecting the state’s water resources.The Illinois Environmental Protection Agencyhas responsibility for overseeing the state’spublic drinking water programs, programs thatdeal with waste water disposal, and protectionand improvement of water quality in lakes,

rivers and streams that furnish natural habitatand human recreational resources.Surface waters that supply Community WaterSupplies are sampled every three years as partof the Illinois EPA’s Ambient Lake MonitoringProgram, with samples analyzed for pesticides,volatile organic compounds and inorganiccompounds. Between 1999 and 2004,approximately 64 percent of the lakes andreservoirs used for drinking water supplies thatwere tested showed some impairment, and1,073 miles, or 78 percent, of the tested surfacewater sources were impaired. In most cases,impairments include lawn chemicals,pesticides and some naturally occurringchemicals. Contaminants chiefly come from farming,mining and urban development. Thecontaminants can usually be safely removedduring the drinking water treatment process butthat can be costly.

THREATSPast practices and emerging challenges require continuing vigilance on a varietyof specialized fronts.

Mercury Contamination of Fish Tissue

Illinois routinely tests fish tissue to identifylevels of toxic substances that tend toaccumulate in fish and could pose health risksto the public eating locally-caught fish. In

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2002, Illinois issued a statewide fishconsumption advisory, cautioning children andwomen of childbearing age to limit their intakeof Illinois fish, because of mercurycontamination. In 2008, tests indicated that fishin thirteen lakes and four streams had mercurylevels that warranted additional, specificconsumption warnings. These water sourcesinclude the Ohio, Rock, Little Wabash, andWabash Rivers.

Mercury can enter water from industrial ormunicipal wastewater, from historicalcontamination of sediments or can bedeposited from the air (mainly power plant orindustrial emissions).

WatershedsA watershed is the area that drains to awaterbody (a river, lake or stream). Illinois has33 separate, defined watersheds, identified inthe adjoining map. Almost all watershedsdeliver a variety of pollutants to theirdownstream waterbodies. Rarely are surfacewaters impacted by only one source ofpollution, since with few exceptions, everyland-use activity is a potential source of waterpollution. Because of their importance in overallwater protection efforts, the Illinois EPA isfocusing on watershed management to reducewater pollution. Rivers and Streams Assessment

The quality of the state’s surface waters plays afundamental role in the overall health of the

environment and has a direct bearing on theeconomic and recreational opportunitiesavailable. Public interest in water quality hasincreased significantly in recent years.The miles of rivers and streams that areassessed by the Illinois EPA have increasedtremendously since passage of the federalClean Water Act in 1972. Likewise, the qualityof river and stream resources has improveddramatically due to ongoing efforts to controlboth point source (“end of pipe”) and nonpoint source (runoff) pollution control efforts.Because of the large number of Illinois lakesand streams, they must be assessed on arotating basis, so ratings from specific years donot convey complete overall appraisals, butlong term data between initial conditions in1972 and the present provide a goodcomprehensive look at improvements.In 1972, the percentage of miles of streamsassessed as being in “good” condition was only 11.3 percent. Today, 62 percent are ingood condition.

CLEANING UP IMPAIRED WATERSTMDLs = The largest amount of a givenpollutant a water body can receive with-out violating water quality standards orbecoming unavailable for its designateduses.

Water quality in some Illinois lakes, rivers, andstreams has been impaired by pollutants from avariety of sources. Since the signing of thefederal Clean Water Act (CWA) in 1972, waterquality has improved greatly, mostly byregulation of point source discharges(discharges from an identifiable “end of pipe”source). Other degraded lakes, streams, andrivers still need attention to maintain a healthyenvironment and ensure these waters remainsafe for all to use and enjoy. • TMDL is short for Total Maximum DailyLoad. It is the greatest amount of a given pollutant that a water body can receive without violating water quality standards and its designated uses.

• TMDLs take a voluntary, incentive-basedapproach to set goals for pollution reduction necessary to improve the quality of impaired waters, weighing all potential sources to determine the pollutant load allowed in a given lake or stream. It also takes into account a margin of safety, and the effects of seasonal variation.

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The Clean Water Act does not require anImplementation Plan as part of a TMDL, butIllinois EPA has taken the initiative to includeImplementation Plans for every TMDL that isdeveloped.

Section 303(d) of the federal Clean Water Actrequires states to identify waters that do notmeet applicable water quality standards or donot fully support their designated uses such asswimming, boating, fish consumption orproviding drinking water. States are required tosubmit a prioritized list of these waters to theU.S. Environmental Protection Agency forreview and approval. The CWA also requiresthat a TMDL be developed for each pollutantof an impaired water body. Illinois EPA isresponsible for carrying out the mandates ofthe Clean Water Act for the state of Illinois.

After reduced pollutant loads have beendetermined, a plan is developed that spells outlimits for point source discharges andrecommends best management practices fornonpoint sources. It estimates associated costsand lays out a schedule for implementation.Commit-ment to the plan by the citizens wholive and work in the watershed is essential tosuccess in reducing pollutant loads andimproving water quality.

Through the end of 2008, 444 segmentimpairments that have been addressed throughTMDLs were approved by Region 5, USEPA.Additionally, IEPA is currently in the process

of doing additional TMDLs to address 263segment impairments.

NONPOINT SOURCE POLLUTION CONTROLPROGRAMNonpoint source pollution carries contaminants from urban and rural sources into surface water, groundwaterand wetlands.

Precipitation moving over and through theground picks up pollutants from farms, cities,mined lands, and other landscapes and carriesthese pollutants into rivers, lakes, wetlands,and groundwater. This is nonpoint source orNPS pollution. Major sources in Illinois areagriculture, construction erosion, urban runoff,hydrologic modifications, and mining. Under Section 319(h) of the Clean Water Act,the Illinois EPA receives federal funds toimplement NPS projects, working with localunits of government and other organizationsfor corrective and preventative bestmanagement practices (BMPs) on a watershedscale; demonstration of new and innovativeBMPs on a smaller, non-watershed scale; andthe development of information/educationprograms on NPS pollution control.

NPS Categories for Section 319 Funding

Funding for the Section 319 program allocatesdollars to projects related to agriculture,

construction erosion, urban runoff, hydrologicmodifications, and mining. Each has its owncharacteristics and problems, which mayinclude soil erosion, loss of storage capacitydue to sedimentation, impaired water qualityfrom excessive nutrients that speed the agingprocess of a water body, as well as bacterialproblems, and color, taste and odor impacts.

Hydrologic modifications like dredge and fill,wetland drainage, streambank and lakeshorealteration, dam construction, streamchannelization, flow regulation, bridgeconstruction, and removal of riparian orlakeside vegetation can affect the biological,chemical, and physical properties of groundand surface waters and adjacent habitats.

Section 319 funding also supports programsfor:• public education about nonpoint source pollution and its effects; implementation of structural or vegetative practices, or administrative programs that promote NPS pollution controls like streambank stabilization, wetland creation or restoration, terraces, waterways, green roofs, etc.;

• planning, including documentation of non-point source pollution problems and related resource concerns, and development of strategies to protect and restore water resources impacted by nonpoint source pollution; and

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• research to assess NPS water quality problems and improve NPS control techniques.

Some of the funding also supports staff andoverhead expenses for administering theprograms.

Funding for IllinoisNPS Programs in 2007 and 2008

In 2007, Illinois Section 319 programsreceived a total of $7,120,350 in funding for allcategories. They included grant projects thatprevented 2,128 tons of sediment, 4,759pounds of total suspended solids, 1,465 poundsof phosphorus and 2,942 pounds of nitrogenper year from being discharged into Illinoiswater bodies.

In 2008, these programs received a total of$8,138,400 in funding for all categories. Theyincluded projects that prevented 1,360 tons ofsediment, 1,360 pounds of phosphorus and2,720 pounds of nitrogen per year from beingdischarged into Illinois water bodies.Details on Section 319 projects areavailable online atwww.epa.state.il.us/water/watershed/reports/biannual-319.

Priority Lake and WatershedImplementation Program (PLWIP)

In June 1995, the Illinois state legislaturepassed the Conservation 2000 program,authorizing funding to implement the IllinoisLake Management Program Act (ILMPA).

Originally passed in 1989, ILMPA establishedfour comprehensive objectives: 1) publiceducation, 2) technical assistance, 3)monitoring and research, and 4) financialincentives for local lake managementimplementation. With the passage ofConservation 2000, the Illinois EnvironmentalProtection Agency was able to initiate severalprograms designed to protect, restore, andenhance inland lakes.

One such program is the Priority Lake andWatershed Implementation Program (PLWIP).PLWIP is a reimbursement grant program thatwas started in 1997. Through this program theIllinois EPA works cooperatively withmanagers of publicly-owned inland lakes toimplement lake protection, enhancement, andrestoration activities. Although a local dollarmatch is not required for the PLWIP program,it is desirable.

For a lake to qualify for the program, it mustmeet the criteria of a priority lake. Prioritylakes are defined by the Illinois EPA as unique,high quality aquatic resources, those whichserve multiple purposes (e.g., recreation and

public water supply), or in need of protectionor restoration.

PLWIP funding is targeted at lakes where thelake is publicly-owned, causes and sources ofpollution are apparent, work sites are easilyaccessible and visible, project size is relativelysmall, and local management entities are in aposition to quickly implement selectedtreatments.

Reimbursement may be up to 100 percent andprojects have a maximum allowance of$40,000 and must be done within a 1 1/2 yearperiod. Projects typically begin in August orSeptember following grant approval.

Fundable projects include shorelinestabilization; erosion control using rip rap,vegetative or bioengineering methods; aeratoror destratifier installation; near-lake dry dams;buffer strips; spillway or dam repair; bestmanagement practices in the immediatewatershed area; macrophyte harvesting toaddress public access. Dredging projects arenot typically funded.

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THE LAKE EDUCATIONASSISTANCE PROGRAM(LEAP)

The Lake Education Assistance Program(LEAP) is a grant program that offers upto $500 to schools for lake education. The funds may be used to buy equipment,educational materials, pay fortransportation for field trips and even payfor substitute teachers.

In 2007, 73 recipients received $33,390.45 forlake projects and education. In 2008, 86applicants received $42,790.40. Projectsranged from a high school doing aquaticstudies and bathometric measurements on theircity park pond, which saved their communitytax money when it came time to dredge, to afifth grade class that gave a presentation oftheir LEAP project in front of approx 175 lakeprofessionals at the annual Illinois LakesManagement Association conference. Theyreceived a standing ovation.

IEPA’S VOLUNTEER LAKEMONITORING PROGRAMENLISTS CITIZENS TOASSESS WATER QUALITYThe Illinois Volunteer Lake MonitoringProgram (VLMP) is one of the oldestprograms of its kind in the nation. In2005, the Illinois VLMP celebrated its25th anniversary and is one of theAgency’s most successful and long-standing programs.

The VLMP serves as an educational gatewayfor citizens to learn more about factors thataffect lake water quality. By learning moreabout cause-and-effect relationships with theirwatershed and lake, volunteers are more likelyto take an active role in protecting their lake byencouraging better lake management.In recent years, the number of participants inthe VLMP has averaged 300, monitoringapproximately 165 Illinois lakes. In addition tothe duties and responsibilities of the VLMP,many of our volunteers take part in globalmonitoring activities, such as the Great NorthAmerican Secchi Dip-In and World WaterMonitoring Day.In 2009, the Illinois VLMP will begin its 29thmonitoring season and is one of the Agency’smost successful and long-lasting programs.In 2006, the VLMP re-structured its programinto a 3-tiered system. In Tier 1, volunteersmonitor Secchi transparency and fieldobservations.

Monitoring is conducted twice per month fromMay through October typically at 3 in-lakesites.In addition to monitoring Secchi disktransparency, Tier 2 volunteers enter theadvanced water quality program by collectingwater samples for nutrient and suspended solidanalysis at Site 1. Water quality samples aretaken once per month in May – August andOctober in conjunction with one Secchitransparency monitoring trip.In Tier 3, volunteers are also part of theadvanced water quality program and collectwater samples at up to 3 sites on their lake. Asin Tier 2, their samples are analyzed fornutrients and suspended solids; however theyalso collect an additional parameter:chlorophyll. With this additional parameter,

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Bob Wittenborn,Volunteer fromHighland’sSilver Lake,works for theCity ofHighland at thewater treatmentplant.

LEAP grants from IEPA pay for field trips tonearby lakes for Illinois students.

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volunteers must collect and filter their ownchlorophyll samples. This tier may alsoinclude DO/Temp profiles as equipment isavailable. As in Tier 2, water quality samplesare taken once per month in May – August andOctober in conjunction with one Secchitransparency monitoring trip.Data collected in either Tier 1 or Tier 2 are foreducational purposes. It is used to makegeneral water quality assessments and helpsvolunteers to determine trends or to identifypotential problems in their lake and/orwatershed. Data collected in Tier 3 is used inthe Agency’s Integrated Report and is used todetermine lakes that appear on the Agency’simpaired waters list.

ILLINOIS WATERPOLLUTION CONTROL -COMPLIANCE PROGRAM

Ongoing monitoring and reporting helpensure wastewater treatment operationsare meeting the limitations built into theirspecific permits.

Background

The Clean Water Act of 1972 established apermit program for wastewater discharges,called the National Pollutant DischargeElimination System permits. The permits,known as NPDES permits, set outrequirements for both a national minimum

level of treatment for various categories ofindustrial wastewater and domestic sewage,and any stricter limitations set by a state ornecessary to meet water quality goals. In 1977,the Illinois EPA was delegated authority toissue the permits, including authority forcompliance monitoring, enforcement,regulatory consistency, reporting, and publicparticipation.This chart illustrates the number of tons ofpollutant load discharged per year in Illinoisfrom industrial, municipal, power plants,quarries, semi-public, and State/FederalNPDES permitted dischargers. Industrialfacilities are largely made up of manufacturingfacilities. Municipal dischargers includepublicly owned wastewater and drinking watersystems. Power plants are facilities whichgenerate electric energy. Quarries mine sandand gravel. Semi-public facilities includeutility companies, residential subdivisions andhomeowners associations. State/Federalfacilities include public parks, campgrounds,prisons, and military installations.

Compliance/Enforcement Activities

Sustained compliance is supported bymonitoring, and timely, appropriateenforcement action for noncompliance. Earlyidentification of potential compliance problemsthrough field inspections and self-monitoring,and the timely issuance of NoncomplianceAdvisories and Violation Notices to achievecompliance, are key to the success of thecompliance assurance program. Compliancemonitoring activities include both fieldinspections of regulated and potentiallyregulated facilities, and in-office reviews ofself monitoring reports such as DischargeMonitoring Reports (DMRs) and otherinformation required to be submitted to theIllinois EPA. Field Inspections

The Clean Water Act and federal regulationsrequire each state with an approved NPDESprogram to implement inspection andsurveillance procedures to determinecompliance or noncompliance with itsapplicable requirements. The Illinois EPA’sfield staff performs numerous types ofinspections, including evaluation, sampling,reconnaissance, pretreatment, grant/loan,livestock, stormwater, operator assistance, andemergency response. During this reporting period, increasedattention has been given to compliance issuesrelated to wet weather and storm water

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discharges. Pollution can occur from runoffcaused by storm events. Storm water canaffect industrial sites, construction sites,sewage collection systems, and confinedanimal feeding operations. Increasedinspections of these entities have resulted inincreased compliance and enforcement follow-up actions taken by the Agency. Self-Monitoring and Reporting

The self-monitoring portion of the NPDESpermit sets forth sampling requirements as wellas flow monitoring, analytical, and datareporting requirements. Much of theinformation is reported to the Illinois EPAthrough Discharge Monitoring Reports. A goalof self-monitoring and reporting is to producedata necessary for the Illinois EPA todetermine facility compliance with NPDES

permit requirements. Violations can resultfrom: • reported DMR data (discharges exceeding NPDES permit limits),

• failure to report required data,• unachieved or late compliance requirements of NPDES permits,compliance commitment agreements (CCAs), and enforcement orders.

Discharge Reports Can Now beSubmitted Electronically

National Pollutant Discharge EliminationSystem (NPDES) permit holders submitapproximately 3,500 signed DischargeMonitoring Report (DMR) forms to the IllinoisEPA on a monthly basis. The DMR formsinclude results of sample analyses pertaining tosurface water discharges required to bereported under terms of the NPDES permit.Beginning in April 2004, the Illinois EPAimplemented a system to web-enable the DMRprocess into a paperless electronic submissionprocess over the Internet. Reduced paperworkand improved speed and accuracy in reportinghave resulted from eDMR implementation.

SAFE DRINKING WATER ACTOversight, testing and analysis are allrequired to ensure that water delivered tothe user’s tap meets state and federalstandards for safety.

The federal Safe Drinking Water Act wasoriginally passed by Congress in 1974 toprotect public health by regulating the nation’s

public drinking water supply. Amended in1986 and 1996, the law requires many actionsto protect drinking water and its sources:rivers, lakes, reservoirs, springs, and groundwater wells. (SDWA does not regulate privatewells which serve fewer than 25 individuals.) Under the SDWA, the United StatesEnvironmental Protection Agency sets nationalhealth-based standards for drinking water toprotect against both naturally-occurring andman-made contaminants that may be found indrinking water. US EPA, states, and watersystems then work together to make sure thatthese standards are met.Drinking water safety cannot be taken forgranted. There are a number of threats todrinking water: improperly disposed ofchemicals, animal wastes, pesticides, humanwastes, wastes injected deep underground fordisposal, and naturally-occurring substancescan all contaminate drinking water. Likewise,drinking water that is not properly treated ordisinfected, or that travels through animproperly maintained distribution system,may pose a health risk.Originally, SDWA focused primarily ontreatment as the means of providing safedrinking water at the tap. The 1996amendments greatly enhanced the existing lawby recognizing source water protection,operator training, funding for water systemimprovements, and public information asimportant components of safe drinking water.This approach ensures the quality of drinkingwater by protecting it from source to tap.

IEPA inspectors visit numerous facilitiesthroughout the year and work with treatmentplant operators.

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ILLINOIS PUBLIC WATERSUPPLIES DRINKINGWATER QUALITYPersons Served by Compliant WaterSupplies

The federal Safe Drinking Water Act gives theU.S. Environmental Protection Agencyresponsibility for setting national drinkingwater standards to protect the health of the 250million people who get their water from publicwater systems. Currently, EPA has set nationalsafety standards for more than 80 contaminantsthat may occur in drinking water. Thesestandards are enforced in Illinois by the IllinoisEnvironmental Protection Agency.

Maximum Contaminant Levels (MCLs)

In nature, all water contains some impurities.At certain levels, minerals, just like man-madechemicals, are considered contaminants thatcan make water unpleasant or even unsafe.Some contaminants come from erosion ofnatural rock formations. Others are dischargesfrom factories, chemicals applied to farmlands,or materials used by consumers in their homesand yards. Sources of contaminants might be inyour neighborhood or might be many milesaway. Maximum Contaminant Levels (MCLs)are set to ensure that drinking water be free ofcontaminants with the potential to cause eithershort term or long-term health effects. During 2008, over 95 percent of the totalpopulation receiving drinking water was served

water that complied with limits on regulatedimpurities. This high percentage wasmaintained despite the start up of new rules onnaturally occurring radium and arsenic indrinking water and on substances resulting asby-products from disinfection of source water.

Acute vs. Chronic Health Effects

Contaminants fall into two groupsaccording to the health effects that theycause.

Acute effects occur within hours or days of thetime that a person consumes a contaminant.People can suffer acute health effects fromalmost any contaminant if they are exposed toextraordinarily high levels (as in the case of aspill). In drinking water, microbes, such asbacteria and viruses, are the contaminants withthe greatest chance of reaching levels highenough to cause acute health effects. Mostpeople’s bodies can fight off these microbialcontaminants the way they fight off germs, andthese acute contaminants typically don’t havepermanent effects. Nonetheless, when highenough levels occur, they can make people ill,and can be dangerous or deadly for a personwhose immune system is already weak due toHIV/AIDS, chemotherapy, steroid use, or otherreasons. Chronic effects occur after peopleconsume a contaminant at levels above EPA’ssafety standards for many years. The drinkingwater contaminants that can have chroniceffects are chemicals (such as disinfection by-

products, solvents, and pesticides),radionuclides (such as radium), and minerals(such as arsenic). Examples of the chroniceffects of drinking water contaminants arecancer, liver or kidney problems, orreproductive difficulties.

DRINKING WATER COMPLIANCE MONITORING

Contaminants can make drinking waterunattractive or unpleasant, as well asunsafe; frequent monitoring, testing andreporting provide important informationon the quality of each community drinkingwater supply.

To provide safe, clean, adequate water toconsumers, public water supply operationsmust be properly constructed, operated andmaintained. However, these alone cannotdemonstrate the safety or quality of the waterso it is necessary to collect representative watersamples for analysis by certified laboratorieson a routine basis. Sampling, proper operation,operational testing, record keeping andperiodic facility inspection are effective meansof documenting the safety and quality of thewater reaching the consumer. The Illinois EPArequires all community water systems toanalyze for specific contaminants as requiredby the Safe Drinking Water Act of 1974.

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Treatment Techniques

When there is no reliable method of measuringa contaminant at particularly lowconcentrations that is economically andtechnically feasible, a Treatment Technique isused rather than an MCL. A treatmenttechnique is an enforceable procedure or levelof technological performance which publicwater systems must follow to ensure control ofa contaminant. For example, treatmenttechniques have been established for viruses,some bacteria, and turbidity (cloudiness).

Reporting Violations and ConsumerAwareness

Every community water supply (CWS) mustprovide an annual report (sometimes called aConsumer Confidence Report or CCR) to itscustomers. The report provides information onyour local drinking water quality, includingthe water’s source, contaminants found in thewater, and how consumers can get involved inprotecting drinking water. If the consumershave been looking for specific informationabout their drinking water, this annual reportwill provide them with the information theyneed to begin the investigation.In addition, some community water suppliesmust also provide educational materials to thepublic regarding certain contamination. Forexample, supplies that exceed the lead actionlevel must distribute lead public educationmaterials (a brochure) to consumers. The

materials spell out steps consumers can take toreduce the lead levels within their homes untilthe CWS has a chance to install or adjusttreatment.

In both these cases, the CWS must report andprovide examples of the materials distributedto the Illinois EPA which checks them toensure they meet state and federalrequirements.

For each violation described in the previoussections, public notification must be made.Public notification protects public health,builds trust with consumers by openly sharinginformation, and establishes ongoing, positiverelationships with the community. Publicnotice also helps consumers understand rateincreases and builds support for increasedfunding needed for drinking water treatmentand protection. Properly done notices work forthe benefit of the public water supplier as wellas the public. If a problem occurs, educatedconsumers are more likely to understand theproblem and support the actions a water utilitymust take.

RADIUM

The radium of concern to drinking waterprofessionals occurs naturally in theearth’s crust, where it has existed formillennia and can contaminate deep wellsas it slowly leaches into the water.

In December of 2000, after more than 10 yearsof study, U.S. EPA confirmed a standard of 5picoCuries per liter as the maximumacceptable amount of naturally occurringradium in drinking water from deep wells. Theproblem is not found in shallow wells or insurface water such as Lake Michigan.

Prolonged exposure to high levels of severaltypes of naturally occurring radium-relatedmaterials, jointly known as “radionuclides,”can slightly increase chances of some kinds ofbone cancer. In the case of radium in drinkingwater, U.S. EPA has defined extended exposureas a consumer drinking two liters (about twoquarts) of water containing radium in excess ofthe standard of 5 picoCuries per liter every dayover a 70-year lifetime.

Radionuclide removal is generally expensiveand involves complicated water treatmentprocesses. Over the last several years,Community Water Supplies (CWS) have beenvery active in installing treatment to achievecompliance with the radionuclide standards. In2003, 114 CWS serving a total population of603,759 exceeded a radionuclide standard. In2008, only 30 CWS serving a total populationof 300,845 still exceeded a radionuclidestandard. This is a 51% improvement. Mostof the remaining non-complaint CWS areunder a compliance schedule in whichcompliance will be achieved in the shortestamount of time (depending on the selectedtreatment option).

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SINCE 2007, ALMOST27,000 ILLINOIS CITIZENSHAVE REMOVED LITTERFROM 1,480 MILES OFILLINOIS STREAMBANKSAND LAKE SHORES.

The Illinois EPA’s Streambank Cleanup andLakeshore Enhancement (SCALE) Programstarted in 2003; helps volunteers around thestate conduct productive litter cleanups ofstream banks and shorelines in their areas.Using federal Clean Water Act, Section 319(h)funds, Illinois EPA provides grants rangingfrom $500 to $3,500 to local organizations toconduct their clean up events. The funds aretypically used for safety attire, dumpsterrentals, landfill tipping fees and promotionalmaterials. The recovered material is recycledwhen possible, and disposed of properly ifrecycling is not an option.Since 2003, more than 210 cleanups wereconducted including 60 in 2007-2008. Theorganizations that participate in SCALE are asdiverse, as the litter that they find during theirSCALE events. The SCALE program dependsupon the action and dedication of the localvolunteers. In 2008, the Alliance for the Great Lakes had3,160 participants collect trash at 48 sites alongLake Michigan in Illinois. This group alsodocumented the items that were collected. The

following data reflects only a portion of the topitems of concern collected: Cigarette Filters:48,987, Balloons: 1,946, Aluminum cans:4,281, Glass bottles: 5,429, Plastic bottles:3,292, Food wrappers/containers: 13,050, andStraws: 5,541. In all, the volunteers collectedover 5 tons of litter from almost 36 miles ofLake Michigan shoreline.In 2007, The Thorn Creek RestorationCoalition held nine clean up days. A coregroup of volunteers returned to the streamthroughout the summer. They focused on 3.5miles of stream and removed approximatelytwo tons of litter, their time spent was theequivalent of 108 participants.Keep Salem Beautiful had 100 students andadults clean up approximately 4 miles of SalemCity Reservoir lakeshore. This organizationmay hold the record for the youngest averageparticipant age. The majority of participants isless than 4 feet tall and they are not muchlarger than the litter bags that they have filled.Despite their size, they collected 1.5 tons oflitter in 2007.The Round Lake Management Commissionhas been a SCALE participant since 2005,This group uses the Village website, pressreleases and flyer distribution to promote theirevent. In addition to the litter collection, theVillage hosted a Coast Guard’s Sail & PowerSquadron boat safety inspection andcertification session. A chapter of the SeaScouts dropped by with their own boat to help

with the clean up. In total, they had 25volunteers that each donated about 3 to 4hours.In 2007, Living Lands & Waters reportedevents that included 502 participants, covering40 miles of the Ohio and Mississippi Rivers.They estimated that 25 tons of trash wascollected. What they didn’t report was theirother clean up events or programs in 2007.Living Lands & Waters conducts an Adopt-A-River Program that has over 200 miles of theMississippi River adopted by local volunteers.As for their garbage statistics for 2007, itincluded over: 52,000 tires, 1,000 propanetanks, 12,000 balls, 4 cars, 10 football fields ofStyrofoam, AND 3 sunken barges. In 2007’s program, 13,688 participants from 27groups removed 210 tons of litter and debrisfrom 754 miles and 32 acres of state water-fronts. During 2008, 32 groups involved13,242 participants in cleanups that removed143 tons of garbage from 728 miles ofstreambank and 327 acres of lakeshore.Eleven of the 32 groups funded in 2008 haveparticipated in SCALE since it began in 2003.Many of the groups have seen a significantreduction in trash levels at their cleanup sites.Some have increased the area that they arecleaning and others have added additionalactivities, such as storm drain stenciling andinvasive species removal to maintain theirvolunteer base. The additional activities arenot covered by SCALE funds.

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The Friends of Morton Grove Forest Preserveincluded the following statement with their2008 SCALE Event Report – We are findingless large things then years ago. Hopefullypeople are getting the message and arebecoming more responsible.

SOURCE WATER ASSESSMENTAND PROTECTION (SWAP)Waters that provide drinking waterreceive special scrutiny; new technology isimproving the way information isavailable, and on-line links to programslet consumers find data specific for theirwater systems.

Public water supplies in Illinois rely on bothsurface water and groundwater as source water.The Illinois EPA has completed a source waterassessment and protection program (SWAP)required by 1996 amendments to the federalSafe Drinking Water Act. Illinois continues toupdate these assessments as a follow-up toengineering inspections and as a part ofambient groundwater monitoring. Goals of the SWAP program were to: • identify source water areas that supply water to public water supplies,

• list possible sources of contamination, • determine how susceptible the source water is to contamination, and

• inform the public of the results of these assessments.

SWAP will help communities decide onimportant decisions for protecting theirdrinking water and its sources. This benefitsnot only consumers, but the health andeconomy of the community, and preservesnatural resources.All communities, whether they rely ongroundwater or surface water for drinkingwater, are encouraged to take an active part incontinuing to assess their drinking watersupplies and institute protective measures.Information on community water suppliesregulated by the Illinois EPA, can be obtainedby contacting the Source Water Protection staffat 217-785-4787. Information about non-community supplies can be obtained from localhealth departments or the Illinois Departmentof Public Health at 217-782-5830.Additional information can also be obtainedonline at http://www.epa.state.il.us/enfo/.Accessing Safe Drinking WaterInformation Made Easier

The Safe Drinking Water Information System(SDWIS) Consumer Confidence Reporting andMonitoring Schedules web portal givescommunities the ability to query thosedocuments specific to their water systems. Theaccess of the reports on the Internet has savedthe Agency valuable resources over the courseof the year, and assisted the systems.Environmental Facts On-Line (ENFO)Improves Access to Agency ProgramsNew information management technology is

being used to make Agency programs moreaccessible and responsive. The Source WaterAssessment and Protection Internet geographicinformation system is the cornerstone of theENFO (Environmental Facts Online) suite ofenvironmental information, is used by everyproject manager and the Contaminant Eval-uation Group (CEG). The CEG is using thistechnology to determine areas where, at aminimum, notification should be provided tooff-site private drinking water well owners. Inaddition, the Agency is requiringenvironmental consultants to use thistechnology under new amendments proposedto Pollution Control Board regulations.

2008 Groundwater Policy ForumProceedings Available

The 2008 Groundwater Protection PolicyForum, entitled “Groundwater Degradation &Sustainability,” was held on September 24,2008 in Peoria Illinois. The Illinois EPA, inconjunction with the Priority RegionalGroundwater Protection Planning Committees,the Groundwater Advisory Council, and theInteragency Coordinating Committee onGroundwater, sponsored this conference. TheGroundwater Protection Policy Forum wasdesigned to address and assess groundwaterissues that the state of Illinois is facing atpresent, and will become increasinglyimportant in the near and distant future. Therapid population growth of the urban areas ofthe state relies on the availability,

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sustainability, and quality of our groundwaterresourcesThe 2008 Groundwater Forum objectives weregeared towards assessing where we are in oursustainability journey, what we have found outalong the way, and the assessment of real andpotential degradation issues. The response ofthe state in managing the quality and quantityissues is paramount to the proper use andpreservation of the groundwater resources. Inaddition, the engagement of key governmental,planning, and citizen stakeholders is critical inthis evaluation of our groundwater resources. The goals of the 2008 Groundwater Forumrequired groundwater experts to come togetherand share experiences and approaches togroundwater issues, discuss contaminant trendsand emerging contaminants, developapproaches to addressing these new issues, andlay the groundwork for establishing priorityinitiatives and new policies. The 2008 Groundwater Forum was comprisedof presentations and concurrent workingsessions. The morning consisted of a plenarysession that addressed statewide groundwaterissues including emerging contaminants, waterquantity resources, and groundwater standards.The lunch speaker, Cassandra McKinney,provided a summary of McHenry County’sGroundwater Protection Program. Theafternoon concurrent breakout sessions focusedon regulatory, local government, andagricultural issues. The proceedings from the

2008 Groundwater Forum web site at: can befound on the Illinois EPA web site at:http://www.epa.state.il.us/water/groundwater/index.html

Preliminary Results of Bacteria Monitoringfrom Illinois’ Groundwater DependantCommunity Water Supply Wells

The United States Environmental ProtectionAgency published the Ground Water Rule(GWR) in the Federal Register on November8, 2006. The purpose of the Ground WaterRule (GWR) which goes into effect onDecember 1, 2009 is to provide for increasedprotection against microbial pathogens,particularly fecal contamination, in publicwater systems that use groundwater sources.

Beginning in September of 2007 Illinois EPAbegan requiring sampling at all wells on amonthly basis for total coliform andEscherichia coli (E. coli) bacteria. This sourcesampling was done concurrently with the TotalColiform Rule (TCR) sampling conducted atsites in the distribution system This data has

identified wells at risk which, in most cases,has led to mitigation efforts.

Additionally, as part of this effort, Illinois EPAhas initiated the process of educating watersupply officials and operators. Systems havebeen provided preliminary information aboutthe GWR and state regulations via letters,seminars, and meetings. As resources allow,the Illinois EPA plans to continue this processthrough the 2009 effective date of the GWR.

Results: To date, 3,701 wells have been (andcontinue to be) tested and evaluated at CWSsacross the state. Based upon available data,3,522 (or 95 percent) of these wells arecurrently viewed as using a sanitarily safesource of groundwater. Of the 179 (or fivepercent) CWS wells that have shown bacteriacontamination 103 wells are in the process ofbeing evaluated for necessary correctiveactions. The remaining 76 wells have actuallyaddressed (or are addressing) sanitary defectsor corrected monitoring location concerns. TheIllinois EPA has initiated evaluation ofpotential correlations between bacteriaoccurrence, hydrogeology, and other factors.

Illinois drinking water law and

regulations are more stringent than

the GWR, because in addition to

treatment, using the best available

source is required.

95% of Illinois CWS wells appear

to be using a safe source of

groundwater.

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INFRASTRUCTUREPLANNING AND FINANCIALASSISTANCE LOANPROGRAMS

Two active loan programs recycle stateand federal dollars to help communitiesprovide safe drinking water and minimizepollution from raw or inadequatelytreated sewage in their streams andrivers.

Since the late 1980s, the Illinois EPA hasadministered the State Revolving Fund, nowfeaturing two low interest revolving loanprograms that have together distributed morethan $2.8 billion in state and federal funds tocommunities around the state. These loansassist local governments with the installationor expansion of sewage and drinking waterfacilities, providing desired services toresidents while helping to achieve or maintaincompliance with state and federal regulations.Congress first authorized the wastewaterprogram (CWSRF) in 1989, and addedauthorization for the drinking water program(PWSLP) in 1997. Through 2008, a total of504 CWSRF (wastewater) and 262 PWSLP(drinking water) infrastructure loans have beenmade, with funding provided through the jointprograms now at $2.804 billion and counting.

During 2007 a total of 24 applicants wereapproved to receive more than $176.1 millionin CWSRF project loans under the program,

and in 2008, 16 more were funded at a totaldollar level in excess of $156 million. Thedrinking water program demonstrated similarsuccess, with almost $38 million awarded in2007 for 17 PWSLP projects, and more than$71 million committed to 22 additionalprojects in 2008.

Originally, 80 percent of the funding for theseprograms came from the federal government inthe form of federal capitalization grants, with a20 percent state match requirement making upthe balance of the capitalization funding.Since that time, federal and state resourceshave continued to capitalize the fund, and awell developed loan repayment stream addsadditional funding for infrastructure projects.Wastewater loans approved in2007 and 2008 included:

Metropolitan Water Reclamation District of Greater Chicago $43,000,000Bloomingdale $12,328,260Wilmington $13,597,663Millstadt $6,459,299Pleasant Plains $2,029,451Cambria $465,000Winchester $541,020Evanston $7,376,907Lockport $10,000,000Wilmette $359,980Bloomington-Normal Water Reclamation District $6,252,140Westville $725,000Thorn Creek SD-Holbrook $914,898New Memphis Sanitary District $406,057Wilmette $317,142Diamond $6,772,881

Pingree Grove $463,000East Peoria $1,000,000Fox Metro Water Reclamation District $15,000,000Glenbard Wastewater Authority $7,700,000Antioch $15,688,623Davis Junction $11,846,600Adams Co. WD $1,244,384MWRDGC-DesPlaines Pump Station $11,559,927MWRDGC-Calumet Pump Station $27,697,350Villa Park $335,265Flagg Creek WRD $7,613,684Marseilles $5,911,029Stockton $600,000Swansea $21,993,680Villa Park $802,550Fox Metro WRD $17,500,000Granite City $1,660,939MWRDGC(39th St. conduit) $65,000,000North Chicago $1,752,856Mascoutah $3,273,529New Baden $414,343Franklin $1,523,817Butler $281,180Onarga $1,689,919

Drinking Water loans approvedin 2007 and 2008 included:

Nauvoo $2,000,000Geneva $8,617,559Seneca $1,042,000Marissa $1,711,945Villa Park $2,130,000Somonauk $1,341,186Waterloo $1,503,970Lincolnwood $5,792,715Cedarville $553,378Lake Zurich $1,768,390Pingree Grove $700,000Fyre Lake Water Co. $825,000

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Modesto $200,000O’Fallon $1,014,550Chandlerville $250,000Mt. Carroll $4,173,100Mason City $2,587,000Dixon $5,217,402Ohio $1,160,000O’Fallon $5,385,450Milledgeville $1,135,508Rend Lake Conservancy District $13,400,000Marquette Heights $900,000Mount Morris $706,382Clark-Edgar RWD $7,995,208Rockford $8,308,283Prairie du Rocher $369,424Scott, Morgan and Greene Water Coop $552,218Piper City $115,116West Frankfort $345,853Smithton $450,112Coal City $1,425,000Bloomington $1,141,220Rockford $12,512,945Rockford $2,297,070Otter Lake WC $6,263,975Mechanicsburg-Buffalo WC $1,039,458Arenzville $812,603Beardstown $2,500,000

Unsewered Community Grants

In addition to the low interest loan programsfunded through the State Revolving Fund, theIllinois EPA also manages a grant program forunsewered communities in Illinois. During thebiennial period, approval was given for fiveprojects, including grants to the communitiesof Huey ($1,139,498), Chebanse ($4,251,504),Shumway ($983,401), Essex ($2,325,458) andSpringerton ($509,922).

GROUNDWATERASSESSMENT

Groundwater assets underlie much ofIllinois, offering drinking water resources to consumers in all parts of the state.

Groundwater comes from wells that tap intoaquifers at varying depths. Owing to Illinois’geology, the northern third of the state hasseveral high-yielding aquifers and mostcommunities there rely upon groundwater.These aquifers include numerous sand-and-gravel aquifers above the bedrock surface,shallow bedrock dolomite and limestoneaquifers (less than 300 feet deep), and deepbedrock limestone and sandstone aquifers(more than 300 feet deep). Water quantity andits quality varies greatly among aquifers.Farms and rural residents all across Illinois relyon private shallow wells for their water supply. Northeastern Illinois, the state’s majorconsumer of water, depends heavily on waterfrom Lake Michigan. Groundwater pumpage is

also a large source of water for many Chicagosuburbs. Diversion of lake water averagesabout 2 billion gallons per day of which 1.1billion gallons per day is for public watersupply, which represents 41 percent of Illinois’total water withdrawals for all purposes,excluding power generation. Water usagevalues for Illinois must be used with cautionbecause reporting is voluntary, and many usersdo not report amounts used.

Groundwater quality is a high priority inIllinois. Water quality degradation orcontamination resulting from point andnonpoint sources throughout the state is ofconcern. In many industrialized parts of thestate (including the metropolitan areas ofChicago, Rockford, and East St. Louis)groundwater in glacial deposits and bedrockaquifers has been degraded by improperlycontained or disposed of chemicals. In someagricultural areas, the quality of groundwaterin the underlying shallow aquifers has beendegraded by the routine application ofagricultural chemicals. Surface water qualityhas been degraded in some areas because ofthe influx of contaminated groundwater. Tothis end, the Illinois EPA continues to evaluatethe question of how good is the water byimplementing an ambient monitoring networkof community water supply wells. Illinois EPAis working with the Governor’s Ground-waterAdvisory Council to respond to increasingcontamination of community water supplieswith volatile organic compounds.

New wastewater infrastructure projects arefinanced through IEPA loans.

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The Illinois EPA utilizes this Ambient Networkto:• provide an overview of the groundwater conditions in the CWS wells in Illinois;

• provide an overview of the groundwater conditions in the major aquifers in Illinois;

• establish baselines of water quality within the major aquifers in Illinois; and

• identify trends in groundwater quality inthe major aquifers in Illinois.

Water quality parameters sampled for include:field temperature, field specific conductance,field pH, field pumping rate, inorganiccompounds (IOC), volatile organic compounds(VOC), and synthetic organic compounds(SOC).

In addition to the Illinois EPA’s AmbientNetwork, the Illinois Department ofAgriculture has implemented a monitoring wellnetwork for pesticides in shallow groundwateraquifers to assist with implementation ofIllinois’ Generic Pesticide Management Planthat has been endorsed by the United StatesEnvironmental Protection Agency (U.S. EPA).

USEPA established the Ground Water Rule(GWR) in November 2006. The GWR focuseson drinking water systems that usegroundwater as their source in accordance withthe Safe Drinking Water Act. It ensures thesafety of source water by making sure that thewells are protected from microbial pathogens.

Under the GWR, water suppliers are requiredto use the best available source. Communitywater systems must comply with the regulationby December 1, 2009.

This monitoring program has provided twomain benefits: it identifies wells at risk forcontamination, and presents a comparisonbetween other monitoring systems to gaugeeffectiveness.

So far, 3,701 wells have been tested atcommunity water systems in Illinois. Based onthis data, 3,522 of these wells are considered tobe sanitarily safe sources. For each of the 179wells that showed bacteria contamination, 10wells are being evaluated for necessarycorrective action, and 72 have corrected or arein the process of taking corrective action.

“O’er thy prairies verdant growing,Illinois, Illinois.”

CLEAN LAND

Illinois EPA’s goals are to protect humanhealth and the environment to assure thathazardous and solid waste will bemanaged in a sound manner, and toreduce or control risk to human healthand the environment by overseeing thecleanup of contaminated sites.

Prior to 1970, waste disposal and managementpractices in Illinois were regulated by theDepartment of Public Health. Regulations atthat time were limited to performance-basedstandards that prohibited obvious threats tohuman health and the environment, such asblowing litter, odors, and vermin. Thesecontrols were not effective in protecting one of

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the most important natural resources in Illinois,its groundwater. In 1970, the Illinois GeneralAssembly established the Illinois Environ-mental Protection Agency to ensure thatimportant resources are protected and thatinterrelated environmental problems areaddressed through a multimedia approach.

Throughout the first 25 years, the Illinois EPAemphasized the development of newregulations and programs necessary to performits mission to protect human health and theenvironment by (1) ensuring that wastes aremanaged in a safe manner and (2) thatcontaminated sites posing a risk to humanhealth and the environment are cleaned up. Thedevelopment and enforcement of the clean landregulations has resulted in a significantimprovement in environmental conditions.

Uncontrolled disposal of hazardous wastes haspractically been eliminated, hundreds ofcontaminated sites have been cleaned up andreturned to productive use, hazardous wastegeneration has been significantly reduced, andall landfills meet Illinois standards for designand performance that protect groundwaterquality.

Although the mission has not changed, thematuration of the Clean Land programs withinthe Bureau of Land has required a shift overthe past decade from regulatory developmentand enforcement to increased citizeninvolvement if they are to more fully

accomplish their goals. Recent initiativesinclude:• establishment of the Office of Brownfields Assistance, which administers one of the pioneering and most successful brownfield redevelopment programs in the nation.

• creation of one of the first Household Hazardous Waste Collection programs in the nation that provides homeowners andconsumers with a safe and appropriatealternative for disposal of their hazardous and toxic wastes.

• expansion of the Used Tire Program in response to serious health threats such as West Nile Virus and other forms of encephalitis.

SAFE WASTE MANAGEMENT

To ensure waste is safely managed in Illinois,the Bureau of Land implements comprehensivepermitting, inspection and enforcementprograms for facilities managing municipalwaste, industrial waste, and hazardous waste.In 2007, municipal solid waste generated inIllinois was managed and disposed primarilythrough four types of operations.Landfills:16.3 million tons of municipal solid waste wasdisposed in 46 landfills in Illinois during 2007.Thirteen percent of this waste was accepted by24 landfills from 12 other states (besidesIllinois), including the adjacent states of

Missouri, Iowa, Indiana, Wisconsin, Kentuckyand seven other states. One of these 46landfills also accepted hazardous waste. Threelandfills near Harrisburg, Jerseyville andStreator continued to remain inactive throughmost, if not all, of the year 2007; although theyagain reported capacity remaining as ofJanuary 1, 2008. During 2007, Illinois EPA approved a 14.9 acrelateral landfill expansion on March 13 atADS/McLean County Landfill, Bloomington.At Laraway RDF, Elwood, we also approved avertical expansion on October 30 adding 2.2more years to site life. These expansions wereincluded in the state wide capacity figure of988.6 million gate cubic yards of remainingcapacity, as reported on January 1, 2008. Chart2 (reports capacity remaining and wastedisposed amounts)There were additional expansions that wereapproved by Illinois EPA’s Bureau of LandPermit Section in the time period betweenJanuary 1 and June 30, 2008 that were notincluded in the capacity reported by landfilloperators to Illinois EPA on January 1. Thesewere: expansions at River Bend Prairie,approved January 2, at Rochelle Municipal #2on May 16 and at Winnebago Landfill,Rockford, on May 16.Compost Facilities:401,127 tons of landscape waste was processedat 40 compost facilities in Illinois during 2007.An increasing amount is being handled by land

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application sites or at permit-exemptcomposting operations located on farms, whichis not required to be reported to the State. Twonew compost facilities opened in Centralia onMarch 7, 2007 and in Romeoville on March 4,2008.

Recycling:Local recycling coordinators estimate thatapproximately 9.1 million tons of municipalwaste was diverted from disposal throughrecycling. Amounts of municipal wastegenerated were estimated to be about 23.1million tons.

Transfer Stations:109 transfer stations processed nearly 8.2million tons of municipal waste destined foreither disposal in landfills or recyclingmarkets. However, since the reporting wasvoluntary, this amount is estimated.

Trends in Solid Waste ManagementThe trend in Illinois is toward fewer, but larger,regional municipal solid waste landfills ownedby private companies complemented by agreater number of local transfer stations. By 2002, the number of landfills acceptingmunicipal solid waste had dropped to 51; while86 transfer stations were active (mainly in theChicago Metropolitan Region) to consolidatewastes for transport to other solid wastemanagement facilities. Five years later, thenumber of municipal waste landfills was 46and the number of transfer stations hadincreased to 109. Seventy-four of thesetransfer stations are located in the ChicagoMetropolitan area. See chart 1

An issue for local commerce is the closure ofany of these active landfills. As of Feb. 1,2008, River Bend Prairie Landfill, Dolton

remains the only facility open to take wastesfrom Cook County. By the end of January2008, another landfill had closed in Hillside, inwestern Cook County. Landfill closures alsohave an unfortunate resultant effect onrevenues available to implement recycling andenvironmental education programs at the locallevel. Municipal waste generation rates and landfilldisposal capacities vary widely within thevarious geographic areas of the state. TheChicago Metropolitan area generated morepounds of waste per capita per day (11.4) thanany other area of the state yet has the lowestlandfill life expectancy of seven years (basedupon 2007 data). Years of capacity remainingstate-wide, as reported by landfill operatorsthemselves, is 18 years.There is a moratorium against landfills withinChicago’s city limits. Land prices are high inChicago. Therefore, waste generated byChicago Metropolitan regional’s populationthen may become a state-wide issue of interestto many Illinois counties. Also affected isavailable capacity in at least two adjacentstates of Indiana and Wisconsin.

IRID

Funding to crack down on illegal dumps

The IRID (Illinois Removes Illegal Dumps)Program is a relatively new initiative that has

Compacting and spreading garbage at amunicipal waste landfill

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and will provide the largest state funding inIEPA history to clean up orphan open dumpsites. In an effort to facilitate the removal ofwaste and the prevention of future open dumpsites, the IEPA’s Field Operations Section hiredfive IRID contractors to perform remediationwork throughout the State. The IRID Programalso has eight field staff and a programmanager to administer the Program.

To date, the Program has completed over 225open dump cleanups in every region of theState. This amounts to approximately 36,330tons of waste sent to landfills, 865 tons ofrecyclable metals to salvage yards, and 625tons of waste tires to permitted tire recyclingsites.

Bureau of Land Regional Numberof IRID Cleanups Completed

Region Name Completed Total CompletedCalendar Years Since 9-06

’07-‘08Rockford 1 7Des Plaines 23 30Peoria 30 34Champaign 8 10Springfield 9 14Collinsville 36 42Marion 70 88TOTALS 177 225

CLEANUP OFCONTAMINATEDPROPERTIES

Leaking Underground StorageTanks (LUST)

At 979 cleanups, Illinois EPA’s LUST Programled the nation in cleanups completed and acresremediated at properties contaminated byunderground storage tank releases betweenOctober 2007 and September 2008. Thisaccomplishment was possible due to IllinoisEPA’s efforts of closing (clearing out) oldreleases in the LUST Program’s backlog. TheIllinois EPA has continued this effort betweenOctober 2008 and September 2009, and asimilar result is anticipated in 2008-2009.Illinois EPA’s commitment to remediatingcontaminated properties and protecting humanhealth and the environment continues.

As the LUST Program enters its 20th year,over 14,500 acres have been remediatedthrough issuance of No Further Remediationletters. Furthermore, the number of sitesremediated has exceeded the number of newreleases reported for the eighth consecutiveyear. That is also a significantaccomplishment.In the coming years, the LUST Program’s goalis to prioritize the remediation of contaminatedUST sites by taking into account threat tohuman health and the environment, benefit tothe community, and cost-effectiveness, and byusing greener cleanup practices.Site Remediation Program (SRP –Voluntary Cleanups)Illinois EPA’s voluntary cleanup program isone of the oldest in the nation (one of two thatstarted in 1989). To date, over 3,798 sites havebeen enrolled in the program, with 520 sites (or14 percent of all sites) enrolling in 2007 and2008.Superfund (National Priorities Listor NPL) Program:As the Superfund Program finished its twenty-ninth year, construction had been completed at29 of the 51 NPL sites in Illinois. Completionof construction qualifies the site for deletionfrom the NPL. To date, Illinois EPA, inconjunction with the United StatesEnvironmental Protection Agency andPotentially Responsible Parties has remediatedover 4854 acres of some of the most

Contractors hired by IEPA recycle or properlydispose of material in dumps targeted by IRID.

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contaminated properties in Illinois.Construction projects are ongoing at 9 NPLsites. The Superfund program has alongstanding “enforcement first” policy topursue viable, responsible parties to pay for orcarry out cleanups. In Illinois, 78 percent ofthe NPL construction projects underway arelead by Potentially Responsible Parties.Federal Facilities Program:

Sites addressed by the Federal FacilitiesProgram include some of the largest propertiesundergoing remediation in Illinois. These sitesoffer tremendous potential for economicredevelopment and restoration of wildlifehabitats. Since 1995, at least partialremediation has been completes at some 81sites encompassing some 44,104 acres.RCRA Corrective Action Program:This program directs owners and operators ofhazardous waste management facilities in thecleanup of releases from where waste wasmanaged in the past, such as tanks,impoundments, landfills, and drum storage.Since 1996, over 9,000 acres have beenremediated under the requirements of thisprogram.Response Actions Program:

This program takes preventive or correctiveremedial action, particularly where othercleanup programs may lack the ability to takeshort-term remedial actions. During 2007 and2008 the program performed investigations and

cleanups at old manufacturing plants, formerwaste oil recycling operations, contaminatedagricultural facilities and other sites wheresurface water, groundwater, soil and air arecontaminated with hazardous substances. Bythe end of 2008 over 1,186 acres wereremediated by this program. Work wascompleted on 123 sites in 83 communities.West Nile Virus Issue:

Improperly managed used tires pose asignificant threat to human health and theenvironment by providing a prime breedinghabitat for disease-carrying mosquitoes and bycreating a fire hazard. The species ofmosquitoes most often found in improperlymanaged used tires, the Northern Housemosquito (Culex pipiens), is also the primarycarrier of the West Nile virus. Therefore, theidentification and removal of used and wastetire dumps continues to be a top priority for theIllinois EPA. The Illinois EPA conducts over1000 inspections at used tire facilities andresponds to over 500 complaints from localofficials and citizens annually. For moreinformation on the Illinois EPA’s Used TireProgram, please contact the Illinois EPA at(217)785-8604 or visit:http://epa.state.il.us/land/tires/index.html.2007/2008 Used tire Program

Since the inception of the Illinois EPA’s UsedTire Program in 1990, more than 20 millionused and waste tires have been removed fromthe environment and properly disposed through

the Illinois EPA’s collection and enforcementprograms. During 2007/2008, the Illinois EPAremoved more than 18,500 tons of used andwaste tires from the environment, which is theequivalent of nearly 1.5 million passengertires. Included in the removal activities were69 countywide used tire collections throughoutthe state. The Illinois EPA will continue tomaintain strong inspection, enforcement,cleanup, and marketing programs to supportend use markets for used tires in Illinois.Current and future projects in which theIllinois EPA are involved include a proposedrulemaking to update the used tire managementregulations and continued involvement in theleadership of the Tire Workgroup of theResource Conservation Challenge (RCC), anational partnership between U.S. EPA, states,industry and academia to promote qualitygovernment used tire regulatory and cleanupprograms and to further develop and promoteend use markets for used tires.

Countywide Waste TireCollection:

Since 1990, the Illinois EPA has co-sponsored557 Countywide Used Tire Collections,resulting in the collection and recover of85,500 tons of used tires, which is theequivalent of nearly 6.84 million passengertires. During 2007 and 2008, Illinois EPA co-sponsored 69 countywide used tire collectionsresulting in the collection and recovery of18,500 tons of used tires, which is the

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equivalent of nearly 1.5 million passengertires. The majority of the used tires collectedare converted into tire-derived fuel (TDF) andburned for energy recovery in utility boilersand cement kilns. Other uses for used tiresinclude recycling into playground flooring andlandscape mulch, and crumb rubber for use onathletic fields and in the manufacturing ofvarious rubber products.

Local Government CollectionProgram

In 2007, the Illinois EPA initiated the localgovernment collection program for used andwaste tires collected by units of localgovernment. The purpose of this program is toprovide units of local government withdisposal service for all used and waste tirescollected from public and abandonedproperties located within their respectivejurisdictions. The Illinois EPA initiated thisprogram with the City of Chicago and the

program has steadily expanded since itsinception to include more than 40 units of localgovernment. The Illinois EPA will continue toexpand this program to all interested units oflocal government. This expansion isparticularly important given the discontinuanceof the countywide used tire collections in 2009.The countywide used tire collections haveoutlived their usefulness given the statutoryrestrictions governing the consensual removalprogram and the Illinois EPA must continue tofind more appropriate and efficient ways tospend our limited resources. Although theIllinois EPA does not plan to conductcountywide used tire collections in the future,we will continue to conduct consensualremovals on a case-by-case basis to ensurecompliance with the statutory provisions. Household Hazardous WasteCollections:With the assistance of local governments, theIllinois EPA sponsored 41 householdhazardous waste collections in 2007 and 2008at a state cost of over $2.5 million that does notinclude Illinois EPA administrative expenses orthe costs to local co-sponsors for publicity,traffic control, or other local service. Over3,600 drums of waste were collected. Sincethe program began in 1989, 459 one-daycollections have been held, with more than79,600 drums being collected fromapproximately 409,100 households anddisposed at permitted hazardous wastefacilities or recycled. Illinois EPA assists

communities with the costs of disposal ofhousehold hazardous waste collected at long-term collection facilities and locally sponsoredcollection events. Long-term collectionfacilities operate in Naperville (since October1992) and Rockford (since 1995) and in theCity of Chicago since June 2006. The SolidWaste Agency of Lake County conductsHousehold Chemical Waste collections atvarious locations in the county. In 2007 and2008, the Illinois EPA provided over $1.7million for the disposal of more than 9,280drums of household hazardous waste at theseoperations.School Hazardous WasteCollections:

In 2007 and 2008, the Illinois EPA, inpartnership with 208 schools, collected over600 drums of hazardous materials, such aslaboratory wastes, expired chemicals, unstablecompounds, mercury containing items, toxic orflammable materials, at an average annual state

IEPA has collected millions of waste tires forrecycling.

Household hazardous waste drop-off

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cost of $196,601. Since 1996, the Illinois EPAhas conducted 873 hazardous education wastecollections. In 2007, the Illinois EPAexpanded the school hazardous wastecollections program to assist schools throughJune 2010.Partners for Waste Paint Solutions:

About 25 percent of the waste collected duringthe Household Hazardous Waste Collections ispaint. To address this large volume item, theIllinois EPA initiated the “Partners for WastePaint Solutions” Program in 1995. Thesepartnerships offer consumers the opportunity todeliver unwanted paint to local participatingpaint partners where it will be reformulated orremixed for reuse. Unusable paint is managedby the Illinois EPA. In 2007 and 2008, theIllinois EPA coordinated with 21 paint partnersto collect, reformulate and reuse over 21,240gallons of unwanted paint products from thepublic. The reformulated paint was donated orresold. Another 105,765 gallons of paint wasbulked for fuel blending or disposal. The costincurred in 2007 and 2008 by Illinois EPA forthis program was $369,682.E-Waste:

E-waste, or obsolete electronic products, is thefastest growing component of our solid wastestream. E-waste contains toxic materials suchas lead, mercury, arsenic, cadmium, andberyllium that pose a risk to human health andthe environment. E-waste also containsvaluable materials—such as copper and gold—

that can be reused, which conserves energy andnatural resources. Illinois’ new ElectronicProducts Recycling and Reuse law effectivelydeals with the growing problem of toxic e-waste for Illinois residents via e-wastecollection, recycling and refurbishment.

The new law, which took effect on September17, 2008, requires that manufacturers ofcomputers, monitors, laptop computers,printers, and televisions must developrecycling programs in the State. Localgovernments may choose to partner withelectronic manufacturers and/or recyclers as ameans of augmenting existing electronicrecycling programs.

Beginning January 1, 2012 all computers,televisions, monitors, and printers will bebanned from landfill disposal.

Industrial Materials ExchangeService:

Illinois EPA maintains Industrial MaterialsExchange Service (IMES) to provide aclearinghouse for businesses to offer waste by-products, off-spec items, and overstocked,damaged or unwanted materials for reuserather than disposal. Since 1981, over 1,740million gallon equivalents have been divertedfrom disposal at an estimated cost savings of$503.8 million. In 2008, the IMES contained730 material listings. Of these listings, 101were successful, or a total of 149.6 milliongallon equivalents, were diverted from

disposal. The estimated cost savings toindustry was estimated at $81.6 million.Brownfields:

Brownfields are properties at whichredevelopment is hindered by the presence orperceived presence of environmentalcontamination. In 1998, the Illinois EPAcreated the Office of Brownfields Assistance toprovide technical and financial support for theredevelopment of Brownfields.Municipal BrownfieldsRedevelopment Grant Program:

Illinois EPA offers municipalities grants up to$240,000 for investigation and cleanup ofbrownfields. To date, 129 municipalities havebeen awarded over $18.4 million. In 2007,$64,942 was awarded to one municipality,while in 2008 $20,000 was awarded to onemunicipality.Grants issued since the Inceptionof the Program: Municipality(Grant Amount, Including AllBudgetary Amendments)

Alton ($206,706)Arthur ( $41,836)Augusta ($239,965)Aurora ($819,994)Barrington Hills ($239,898)Bartlett ($240,000)Bartonville ($119,959)Bedford Park ($240,000)Belleville ($114,108)Bellwood ($120,000)

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Belvidere ($240,000)Blue Island ($239,977)Braidwood ( $40,438)Broadview ($240,000)Brookfield ($216,011)Burnham ($120,000)Cairo ( $33,515)Calumet City ($182,210)Canton ($240,000)Carbon Cliff ( $38,377)Chicago Heights ($240,000)Cicero ($105,486)Collinsville ($128,887)Crete ($240,000)Decatur ( $59,626)De Kalb ($100,617)Des Plaines ( $50,656)De Pue ($119,995)Dixon ($107,094)Downers Grove ($183,600)Du Quoin ( $73,152)East Moline ($239,943)East Peoria ($170,722)East St. Louis ( $56,722)Easton ( $61,970)Effingham ( $33,005)Elgin ($180,976)Eureka ($116,745)Farmington ( $35,361)Ford Heights ($240,000)Franklin Park ($224,137)Freeport ($240,000)Fulton ($161,970)Galesburg ( $70,600)Geneva ( $8,244)Gillespie ($100,414)Glencoe ($240,000)

Glen Ellyn ( $14,264)Granite City ( $42,505)Grayslake ( $45,344)Harrisburg ( $79,784)Harvey ($136,810)Havana ( $92,469)Herrin ( $20,000)Hoopeston ($134,485)Justice ( $25,891)Karnak ( $70,169)Lacon ($206,995)La Grange ($119,766)Lanark ( $78,182)Lansing ($239,864)LeRoy ($154,461)Lemont ($239,828)Lincolnshire ( $25,253)Lockport ($119,325)Lynwood ( $42,802)Machesney Park ($107,341)Macomb ( $49,245)Marion ( $44,187)Markham ( $60,308)Mattoon ($178,209)Maywood ($110,523)Mendota ( $87,021)Metropolis ( $75,786)Minooka ( $91,310)Moline ($193,416)Monticello ($239,618)Morton Grove ( $56,382)Mt. Carmel ( $81,817)Mt. Vernon ($138,037)Naplate ( $37,954)New Athens ( $81,413)Normal ($133,299)North Chicago ( 489,762)

Olney ($240,000)Palatine ($240,000)Pana ($120,000)Park City ( $49,838)Park Forest ($157,406)Peoria ( $88,622)Phoenix ($102,900)Pittsfield ( $75,302)Plano ($211,715)Posen ($240,000)Princeton ($173,333)Quincy ($132,044)Rantoul ($232,477)Raymond ( $79,501)Riverdale ($240,000)Robbins ($240,000)Rockford ($240,000)Rock Falls ($240,000)Rock Island ($240,000)Roselle ( $61,342)Rosemont ($192,387)Rosiclare ($139,719)Rossville ($163,320)Schaumburg ( $12,164)Silvis ($214,109)Skokie ( $59,684)South Beloit ($239,994)South Chicago Hts ($240,000)Spaulding ($107,103)St. Charles ($212,583)Sterling ($239,312)Streator ($239,940)Summit ($239,903)Sycamore ($196,572)Tallula ($101,301)Thornton ($134,582)Tonica ( $21,716)

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Wauconda ($171,481)Waukegan ( $72,425)Wheeling ($240,000)Wood Dale ( $38,248)Woodstock ( $80,149)Yorkville ( $95,938)Zion ($237,714)

New Grants Issued in 2007 and 2008:Municipality (Grant Amount)Herrin ( $20,000)Lemont (2nd Grant) ( $64,942)

Brownfield Cleanup RevolvingLoan Fund:

Illinois EPA administers this fund providingloans up to $425,000 per site to municipalitiesto clean up former industrial sites. In 2007 and2008, loans totaling $373,234 were granted to2 municipalities.

Brownfield Site RestorationProgram:

This program, administered by the Illinois EPAand the Illinois Department of Commerce &Economic Opportunity, providesreimbursement to persons who voluntarilyremediate brownfields if the remediation leadsto a “net economic benefit.”

Brownfield Representatives:

Brownfields representatives act as a liaison forcommunities to various Illinois EPA technical,financial, and regulatory staff. In 2007 and

2008, representatives assisted 27 municipalitieson 53 brownfields project sites.

Targeted Site Assessments:

Illinois EPA offers limited site evaluationservices to municipalities (free of charge) todetermine the potential costs and to identifypotential environmental obstacles forbrownfields redevelopment.

Case Study:Macon County – Decatur – ArcherDaniels Midland - 1150155136

In January 2008 Archer Daniels MidlandCompany (ADM) submitted to the Illinois EPAan application for a Class I Non-hazardousUnderground Injection Control (UIC) permit.The UIC permit application was developed aspart of a large-scale injection demonstrationproject which will study the injection andsequestration, i.e., permanent storage of carbondioxide (CO2), in deep saline aquifers. ADMis located at 4666 Faries Parkway, Decatur,Illinois. ADM’s Decatur plant consists ofvarious processing facilities including a cornwet milling plant with ethanol production. TheCO2 that will be injected under this permit is aby-product of the ethanol plant’s fermentationprocess. The UIC permit application was prepared incollaboration with the Midwest GeologicalSequestration Consortium (MGSC). TheMGSC, led by the Illinois State GeologicSurvey (ISGS), is one of seven U.S.

Department of Energy (U.S. DOE) fundedpartnerships. These regional partnerships arestudying regional geologic variations thatimpact the sequestration of CO2, advancedmonitoring technologies, industrial reservoirmodels, and more recent advancements ingeochemical and reservoir models. This is oneof the first large-scale studies of thesequestration of carbon dioxide in the nation.The Illinois EPA issued a Class I Non-hazardous UIC permit to ADM on December23, 2008 for the construction of the injectionwell. Construction of the well began onFebruary 14, 2009 and is expected to becompleted in early May 2009. Prior to beinggranted authorization from the Agency to begininjection, ADM will submit a well completionreport and additional information regardingconstruction of ancillary equipment associatedwith the operation of the injection well. Thisadditional information is considered to be amajor modification of the permit and willrequire preparation of a draft permit, publicparticipation, and the issuance of a final permitdecision. Once authorization for injection has beengranted, injection of 1,200 tons/day ofsupercritical CO2 may commence. A total ofone million metric tons of CO2 may beinjected. Supercritical CO2 refers to carbondioxide that is above both its criticaltemperature of 88 F˚ and critical pressure of1,070 pounds per square inch (psi). A

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supercritical fluid has physical propertiessomewhere between those of a liquid and agas. The well will inject supercritical CO2 at adepth located between 6,500 to 7,500 feetbelow ground surface into the Mt. Simonsandstone formation. The Mt. Simonformation is a deep saline aquifer basin thatcovers a large portion of Illinois, westernKentucky, and a portion of southwesternIndiana. The depth of the final injection pointwill be determined based on testing conductedduring the drilling of the injection well.Injection is expected to begin in early 2010 andcontinue for a period of approximately threeyears followed by two years of post-injectionmonitoring. Over the life of this projectextensive monitoring of soil, air, shallowgroundwater and the injection zone will beconducted. The MGSC will use thismonitoring data to refine the modelingtechniques used to determine how CO2behaves following injection and to helpidentify effective monitoring techniques toassure that CO2 sequestration in deep salineaquifers such as the Mt. Simon formation is asafe and secure long-term solution for storageof CO2 emissions.

Brownfield Case Studies: Brookfield, IL – Lucas Tire

In April 2003, the Village of Brookfield beganthe process of developing its 2020 Master Planto reflect changing community conditions andan emerging vision of the community's future.

The Ogden Avenue Business Corridor wasidentified as a significant component of theplan due to its important anticipated role insupporting Brookfield's future communitydevelopment and economic growth. This areahad potential to be a focal point for communitycommerce, civic identity, and a regionaldestination.

In early September of 2004, the Villagesubmitted a Municipal BrownfieldsRedevelopment Grant (MBRG) application forthe Lucas Tire site located at the extremewestern extent of the Ogden Avenue BusinessCorridor. Historical land uses of the 0.6-acreproperty included an automobile dealershipand service center with a history ofunderground storage tank (UST) use andremovals. This site was selected as a startingpoint in clearing the way for implementation ofthe 2020 Master Plan due to its proximity tothe Burlington Northern Santa Fe RailroadLine and the Congress Park Station, bothextremely important public transportation

assets to Cook County and surroundingregions. Each day, approximately 150 trainspass through Brookfield. Approximately 110of the trains are commuter trains operatedMetra, the commuter rail service division ofthe Regional Transportation Authority. Theexisting rail infrastructure and its use is anestablished part of the Brookfield community.The Inner Circumferential Service Lineproposed by Metra would run north-southalong a 22-mile route to connect O'Hare andMidway airports and all Metral service lines inbetween. The proposed line would likelyimpact the area surrounding the site in questiondue to its close proximity to the Congress ParkStation.

On January 27, 2005, the Village enrolled theLucas Tire site into the Illinois EPA's SiteRemediation Program (SRP) for technicaloversight of environmental investigation andcleanup activities. Phase II investigationactivities turned up a handful of volatile andsemi-volatile contaminants at the site, alongwith arsenic. After a total expenditure of$109,456.45 in MBRG funds at the site, SRPissued approval of a Remedial Action Plan(RAP) for the site in late July of 2007.

On May 19, 2008, the Village was awarded$119,298.00 in Federal Revolving Loan Fund(RLF) monies to execute the SRP-approvedcleanup plan for Lucas Tire. Remedialactivities commenced in late January of 2008,and included excavation/removal of both USTs

Lucas tire site

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and hydraulic lift stations. After excavationand disposal of approximately 1,060 tons ofcontaminated soil at the site, followed byconfirmation sampling activities and theenactment of a localized groundwater useordinance, SRP issued a DRAFT No FurtherRemediation (NFR) letter for the site onOctober 21, 2008. A FINAL NFRdetermination is pending placement of anengineered barrier over the site as part of thedesign/construction of the future developmentproject. The slumping economy has temporarilystymied development interest on the formerLucas Tire parcel. The Village continues toactively market the site due to its strategiclocation in the Ogden Avenue BusinessCorridor.Rantoul, IL – One Hour MartinizingIn an effort to rebuild and reinvent itself afterthe closure of Chanute Air Force Base in 1993,the Village of Rantoul has undertaken anaggressive set of initiatives to revitalize thecommunity and bring in investors, businessesand residents. Many successful redevelopmentprojects have been completed on the formerbase, including construction of a memorialsoccer complex, a family aquatic center, a bikepath and a new public library. Focus has now shifted to redeveloping thedowntown area. To this end, the Village hasrecently established a Tax Increment Financing(TIF) district for downtown Rantoul in an

effort to provide for infrastructureimprovements and foster economic growth.Hoping to rejuvenate interest and sparkinvestment in the downtown district, theVillage set out to create an urban green spacethat was to be known as the RantoulDowntown Square. The park was identified asa key component in reinventing downtownRantoul and attracting new merchants andshoppers.

One Hour Martinizing, an approximate 1-acreformer dry cleaning facility that had beenvacant since 1999, was identified as the ideallocation for the proposed park. It wasstrategically located in an Enterprise Zone nearthe heart of downtown Rantoul, adjacent totwo (2) previously demolished buildings thatthe Village intended to incorporate into thelayout of the central square. The propertyowners had offered to give the parcel to theVillage; however, the real estate transactionwas avoided due to the unknown extent ofenvironmental impact at the site. In early June of 2004, the Village applied for aMunicipal Brownfields Redevelopment Grant

(MBRG) to conduct environmentalinvestigation and cleanup on the One HourMartinizing parcel. The grant was awarded inearly August of 2004, followed by enrollmentof the parcel in question and the two (2)adjacent properties, into Illinois EPA's SiteRemediation Program (SRP) in December of2004. SRP provided technical review andoversight of all investigation and cleanupactivities. Comprehensive investigationactivities turned up elevated concentrations ofthe common dry cleaning solvents PCE andTCE. After a total expenditure ofapproximately $103,000.00 in MBRG funds,SRP issued approval of a Remedial ActionPlan (RAP) for the site in late September of2006. In early August of 2007, the Village receivedapproval to amend its MBRG budget by anadditional $129,045.00 to execute the SRP-approved cleanup plan for One HourMartinizing. Remedial activities commencedin late October of 2007, and includedexcavation and disposal of approximately 160tons of PCE-contaminated soil at the site. Theexcavation activities, coupled with theinstallation of engineered barriers on-site andthe enactment of a localized groundwater useordinance, resulted in the issuance of a finalNFR letter by SRP in mid-April of 2009. The Village has since acquired title to theproperties in question, and construction hasalready begun on the Rantoul DowntownSquare.

One Hour Martinizing, Rantoul

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“Comes an echo on the breeze.”

CLEAN AIR

The Illinois EPA’s Bureau of Air continuesto improve Illinois’ air quality throughregulatory efforts and numerous otherprograms enlisting citizens andorganizations to benefit communities,residents, and especially children.

Air quality has been a priority in the Statesince the formation of the Illinois EPA in 1970.Since that time, the Agency, through its Bureauof Air, has worked to improve the overall airquality by identifying air pollution problems,and working with sources to reduce airpollution, which includes reviewing andissuing permits and inspecting facilities. IEPAalso oversees the vehicle emissions testingprogram in the Metro-East and Chicagolandareas.

Air pollution comes from a number of sourcesthroughout the nation. Pollution can travelfrom one state to another, or remain stagnant inthe location it was emitted. In Illinois, thehighest levels of air pollution exist in thestate’s largest metropolitan areas, Metro-EastSt. Louis and Chicago. However, those areascontinue to experience an on-going trend ofdecreased pollution.The Illinois EPA has worked aggressively totarget all sources of pollution. For some time,the main target included major sources such asrefineries and power plants and other largebusinesses. While those types of operationscontinue to be the primary focus and have hadregulations tightened over the past severalyears, additional focus has been placed onindividual contributions to air pollution.Individuals contribute to air pollution througheveryday activities, especially driving. In Illinois, vehicles are the single largestsource of air pollution. Although newervehicles run much more efficiently, there arenow many more on the road. The IEPA’snewest programs are addressing vehicleemissions along with other individual activitiesto aid in improving the State’s air quality.Those programs include: • The Green Pays on Green Days Program offers Chicago area residents the opportunity to win environmentally friendly products by pledging to take clean air actions.

• The Illinois Clean School Bus Programprovides grants to Illinois schools to clean up their diesel powered school busfleets, pro-viding a healthier environment for the students and communities.

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• Cleaner domestic fuels are becomingincreasingly popular among fleet owners and individuals. The Illinois Green Fleets and Alternate Fuel Rebate Programs continue to expand and offer great incentives to those purchasing cleaner vehicles and fuels.

• The vehicle inspection and maintenanceprogram was streamlined to incorporate advanced technology.

Individuals are now more aware of their impacton the environment than ever before. TheIllinois EPA will continue to reach out to thegeneral public; however, the principal goal isto meet national ambient air quality standards(NAAQS). Illinois officials continue to workon numerous issues to help achieve this goal,including working directly with industry or, ifnecessary, challenging federal proposals thatmay negatively impact Illinois air quality.A federally mandated vehicle emissions testingprogram is part of the state’s ongoing programfor clean air progress in the Chicago and MetroEast areas. The testing program results in areduction of more than 12 percent in thepollutants from cars that contribute to smog inthe air.

Air Quality ImprovementsContinue in Illinois

The Illinois EPA continually watches airquality throughout Illinois and especially in theState’s metropolitan area. A monitoring

network of more than 200 monitors located at80 different sites provides data to the Agencythat is documented and tracked throughout theyear. 2007 and 2008 were exceptional yearsfor Illinois, as air quality was either good ormoderate at 93 percent of the time in 2007 and96 percent of the time in 2008. In terms of the Air Quality Index (AQI) airquality during 2007, there was one day (due toOzone) when air quality in some part ofIllinois was considered Unhealthy (categoryRed). There were 24 days when air quality insome part of Illinois was considered Unhealthyfor Sensitive Groups (category Orange). Comparatively, in 2008, there were no dayswhen air quality in some part of Illinois wasconsidered Unhealthy (category Red). Therewere 14 days when air quality in some part ofIllinois was considered Unhealthy for SensitiveGroups (category orange). This includes thenew ozone and PM2.5 AQI adjustmentsimplemented in 2008. Had the revised AQIbeen in place in the prior year, it would have

shown 45 Unhealthy for Sensitive Group daysfor 2007. Air quality trends for the criteria pollutants arecontinuing to show downward trends or stabletrends well below the level of the standards.Percentage changes over the ten year period1999 – 2008 are as follows: Particulate Matter(PM10) 14 percent decrease, Particulate Matter(PM 2.5) 20 percent decrease, Sulfur Dioxide15 percent decrease, Nitrogen Dioxide 13percent decrease, Carbon Monoxide 47 percentdecrease, Lead 18 percent decrease, and Ozone12 percent decrease.While annual trends show the statewide levelswell below the federal standards, there aresome areas of Illinois that do not meet federalair quality standards for Ozone and fineParticulate Matter. The Agency continuesregulatory efforts as well as voluntaryprograms for businesses and individual citizensto improve air quality and bring the State incompliance with the federal standards.Landmark Air Emission ReductionAgreements Made Under theIllinois Mercury Rule and CleanAir Interstate Rule Show Progress

Illinois Mercury Rule• The Illinois mercury rule was final and effective in December 2007.

• The Illinois mercury rule requires greaterreductions of mercury more quickly thanthe, now vacated, federal Clean Air Mercury Rule or CAMR.

IEPA air monitor on roof

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• The Illinois Rule is based on findings that there exists mercury control technology that is both technically feasible and economically reasonable.

• Requires 90% reduction in mercury emissions from most units by July 1, 2009.

• Rule provides significant flexibility in order to reduce the costs of compliance and the risk of noncompliance for power plants.

• Mercury emissions may be reduced through the application of control technology specifically designed to control mercury (e.g., activated carbon injection), or through co-benefit from other control technologies designed to control SO2, NOx, and PM.

• Multi-Pollutant Standards (MPS and CPS): Companies may choose to voluntarily comply with the MPS and CPS – Ameren, Dynegy and Midwest Generation are using this method - these 3 companies represent 88% of Illinois’ 17,007 Megawatts of coal-fired electric generating capacity and account for hundreds of thousands of tons of air pollution emissions each year. The MPSand CPS provide additional flexibility in regards to mercury control based on companies achieving significant reductions in the emissions of SO2 and NOx. The amount and timing of

mercury reductions for those sources thatopt-in to the MPS or CPS are estimated to be essentially the same, although they will not be required to comply on a 12 month rolling basis until 2015. Sources under the MPS and CPS are expected to have mercury emission reductions that exceed even the required 90% in the Illinois mercury rule after 2015 due to the co-benefit reductions achieved from the installation of new pollution controls (SCRs, scrubbers, baghouses) needed to comply with the corresponding SO2 and NOx standards.

• The rule does not allow for the trading, purchasing or the banking of mercury allowances. This ensures that the mercury reductions occur both in Illinoisand at every power plant in Illinois.

Recent Developments

• On July 1, 2008 several units at MidwestGeneration began controlling mercury emissions – namely: Crawford units 7 and 8 and Fisk unit 19 - all in Chicago – and Waukegan units 7 and 8.

• As of July 1, 2009, nearly all coal-fired units in Illinois are now controlling mercury emissions via activated carbon injection.

• CAMR vacated: On February 8, 2008, the United States Court of Appeals for

the District of Columbia Circuit vacated the United States Environmental Protection Agency (USEPA) Clean Air Mercury Rule (CAMR).

• Illinois revised the mercury rule (final May 2009) since this court action raised concerns regarding the status of certain federal provisions in 40 CFR Part 75 (Part 75) dealing with the monitoring of mercury emissions. Given the current uncertainty surrounding federal mercury monitoring provisions. We put the federal monitoring provisions into our own language and allowed sources to stack test mercury emissions (as an alternative to monitoring) for 3 years for compliance purposes.

• Shutdowns pursuant to CPS: Midwest Generation permanently shutdown Waukegan unit 6 in December 2007 and has agreed to shut down Will County units 1 and 2 on or before December 31, 2010.

Health Impacts of Mercury

• Mercury is a neurotoxin. Unborn children, infants and young children are at greatest risk. Fetal exposure to excessive levels of mercury has been linked to mental retardation, cerebral palsy, lower IQ, slowed motor function, deafness, blindness and other health problems.

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• Recent studies indicate that as many as 10 percent of children born in the UnitedStates have been exposed to excessive levels of mercury in the womb.

• Because of the risk mercury poses to unborn children and infants, mercury exposure is of concern for pregnant women and women of childbearing age who may become pregnant.

Coal-Fired Power Plants and Mercury

• Illinois’ 21 coal-fired power plants constitute the largest source of uncontrolled mercury emissions in the State. These power plants are scattered throughout Illinois, with many located near major bodies of water.

• Mercury emissions from coal-fired power plants are deposited into lakes andstreams where they contaminate fish. Every lake, river and stream in Illinois ispolluted and is under a fish advisory warning people not to eat the fish.

• Humans and wildlife are affected by eating contaminated fish.

Potential Impacts of the IllinoisMercury Rule

• Reduced risk of mercury poisoning to public and the environment.

• Mercury reductions beyond the now vacated federal CAMR will occur more

quickly. CAMR had targeted reduction in Illinois mercury emissions of approximately 47 percent by 2010 and 78 percent by 2018. Illinois rule targets mercury emission reductions of 90% by July 1, 2009.

• Reduction of mercury levels in Illinois’ lakes and streams, making fish caught in Illinois waters safer to eat.

• Possible increase in tourism and recreational fishing as mercury levels drop in fish, bringing an associated positive impact to local economies and the State overall.

• Support for existing, and potential for additional jobs, resulting from the installation and operating requirements for additional pollution control devices.

• Economic modeling projects an approximate increase in residential electric bills of less than $1.50 per month, or $18 per year, or about one to two percent.

• As a result of the Multi-Pollutant Standards, also expect extremely large reductions in the emissions of SO2 and NOx. The combined reductions in SO2 and NOx are beyond that required by thefederal Clean Air Interstate Rule (CAIR) for the 3 companies. Such reductions will have far reaching positive impacts topublic health and the environment, not only in Illinois, but in other nearby

States where these pollutants are shown to affect the air quality via interstate pollution transport. Benefits include reductions in ground level ozone, particulate matter, and acid rain; as well as visibility improvements. Particulate matter and ground level ozone are associated with premature deaths and illnesses.

Improving Chicago’s Air QualityOne Action at a Time

Green Pays on Green Days was first launchedin the summer of 2002 with the IllinoisEnvironmental Protection Agency and thePartners for Clean Air joining forces toimplement the program. The program is apublic education effort that encouragesChicagoland residents to join the fight againstair pollution by pledging to take action forcleaner air. As an additional incentive, thosepledging are entered into a contest to winenvironmentally friendly prizes and a chance atthe Grand Prize Toyota Prius.

To achieve the greatest air quality benefits,Green Pays on Green Days targets individualsin areas that do not meet national ambient airquality standards. The contest is open eachsummer to residents in Cook, DuPage, Grundy,Kane, Kendall, Lake, McHenry and Willcounties in Illinois who commit to take one ormore “green actions” to reduce air pollution.

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“Green Pays on Green Days is a great way toeducate individuals in the Chicago area aboutthe impact we all have on air quality,” saidDirector Scott. “Many people don’t realizewhat a difference small changes in dailybehavior can make.”

September 2007 and 2008 were memorabletimes for Pamela Kazakis of Des Plaines andLeona Benak of Elk Grove Village. Bothwomen were presented the keys to brand-new

Toyota Prius’ by Illinois EPA Director DougScott. Chicago’s NBC-5 Meteorologist BrantMiller and Clean Air Superhero, Breathe EasyMan drew each of their names from a pool offinalists, awarding each of them the GrandPrize winners of Green Pays on Green Days2007 and 2008. Both years were remarkablefor the program, receiving 33,159 pledges fromarea residents in 2007 and 37,597 pledges in2008.

Kazakis was one of 38 Grand Prize finalists inthe Green Pays on Green Days 2007 program,while Benak was one of 44 finalists in 2008.The annual program runs each summer throughearly September – the primary months of thesummer air pollution season. Finalist nameswere drawn each day the Chicago area’s airquality was forecasted to be good or “Green”according to the national Air Quality Index.All finalists were chosen randomly and thosein attendance for the Grand Prize drawing hada chance to win a new Toyota Prius donated byYour Chicagoland Toyota Dealers. Green Payson Green Days is supported by financial andproduct contributions from numerous Illinoisbusinesses and organizations.The Chicago area Partners for Clean Aircoalition, headed by the Illinois EPA, consistsof businesses, health advocacy organizations,and government agencies committed toimproving air quality through voluntaryactions. The coalition implements the AirPollution Action Day program to alert areabusinesses and residents when air qualitylevels reach unhealthy levels. For moreinformation, visit www.cleantheair.org.

Mobile Source Programs:Grants, Rebates and More

The Illinois EPA continues to enhance existingprograms and promote new initiatives for cleanvehicles and fuels, and reducing emissionsfrom conventional vehicles. These programsinclude the Illinois Clean School Bus Program,

Illinois Alternate Fuels Rebate Program,Illinois Green Fleets Program, and the IdlingCampaign. Illinois Clean School Bus ProgramSince its start in 2003, the Illinois CleanSchool Bus Program has grown to include 85school districts in 33 counties receiving grantsto retrofit their school buses and use cleanerfuels. Over $4 million has been distributedaffecting 3,182 school buses to be equippedwith oxidation catalysts, particulate filters, andidling equipment, along with using biodieselfuel. The Illinois EPA has received numerousfederal grants to fund applications receivedfrom school districts. Illinois Alternate Fuels RebateProgram

The Illinois Alternate Fuels Rebate Programcontinued to expand. In 2008, over $700,000in rebates were issued for E85, biodiesel,natural gas, propane, and electric vehicles. Todate, over 2,400 applicants have received morethan $4 million in rebates for acquiringalternate fuel vehicles.

The Illinois EPA has been promoting E85,biodiesel, and other alternate fuel to thegeneral public. Illinois now has over 200 retailstations selling E85 located throughout thestate. In addition, retail stations are sellingbiodiesel blends, mostly 11 percent blends(B11), with a few selling 20 percent blends(B20).

2008 Winner Leona Benak

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Vehicle Emissions Testing ProgramUndergoes Major Changes

The Vehicle Emissions Testing Program playsan important role in reducing air pollution inIllinois today. Automobiles and trucks are oneof the single greatest sources of air pollution inthe Chicago Metro-East areas. Gasolinepowered vehicles emit exhaust and carbon dioxide (CO2). Vehicle emissionsare responsible for a substantial portion ofNOx and other emissions that form ground-level ozone in major metropolitan areas. Driving a malfunctioning vehicle is consideredto be an Illinois citizen’s “most polluting” dailyactivity. The Vehicle Emissions TestingProgram helps to identify vehicles that do notmeet federal standards and require they berepaired to improve their emissions. Theprogram is in effect in nine Illinois counties intotal, Cook, Lake and DuPage counties, muchof Will county and portions of McHenry andKane counties. In the Metro-East St. Louisregion, the program is effective in Madison, St.Clair and Monroe counties.In January of 2007, The Illinois EnvironmentalProtection Agency (Illinois EPA) announcedchanges to the Vehicle Emissions InspectionLaw, which took effect, the following monthon February 1, 2007. Amendments to PublicAct 94-526, which were signed into law inAugust of 2005, provided that owners of 1995and older model vehicles were required tocomply with the law, by passing the most

recent emissions test. After that time, thosevehicles were removed from the program. Changes in the Vehicle Emissions TestingProgram came as a result of technologicaladvances in vehicles driving on nationalroadways. Beginning with 1996 model yearvehicles, the United States EnvironmentalProtection Agency required manufacturers toinstall standardized OBD systems on all lightduty vehicles. These systems continuouslymonitor emissions-related components for

malfunctions and/or deterioration. Thesesystems notify the driver of a problem byactivating the vehicle’s “Check Engine” lightbefore the vehicle’s emissions have increasedsignificantly. They also store this information,allowing the Vehicles Emissions TestingProgram to retrieve the data in place of

performing the current tailpipe and gas captests. OBD testing soon proved to be faster,more accurate and less expensive than exhausttesting.

In October of 2007, just a few months afterchanges to the law came into effect; tougherprovisions were tacked onto the Public Actmaking it more difficult for vehicle owners toavoid getting their vehicle inspected. Ascurrent law stands today, a driver must get theirvehicle tested before their vehicle registration(license plates) can be renewed. As a result ofthe changes, test dates are now tied to vehicleregistration dates. The Secretary of State’sOffice includes information on vehicle renewalnotices indicating whether or not a driver needstheir vehicle to pass an emissions test beforetheir renewal can be completed. After thechanges were in place, many drivers wererelieved that their driver’s license and vehicleregistration would no longer be subject tosuspension for failing to get their vehicletested.

To help ease the transition to the October 2007enforcement mechanism, the Illinois EPA alsosent out notices to drivers whose vehicles weredue for testing. New yellow notices weremailed about four months prior to theexpiration of the vehicle registration (licenseplates), thereby allowing ample time for adriver to get their vehicle tested and/or repairedbefore renewal.

On-boarddiagnostictestingreducesvehicleemissions.

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The following year, in May 2008, the IllinoisEPA announced further improvements to thevehicle emissions testing network. Theadvancements which included new testingsites, allowed motorists to scheduleappointments with testing stations to get theirvehicle tested, making it faster and moreconvenient for motorists to comply withvehicle emissions laws. The new testingnetwork primarily used computerized OBDtesting, which was a faster and more accuratethan exhaust testing. The efficiency of OBDtests allowed the State to redesign the testingnetwork and was estimated to reduce programcosts by $30 million each year. In addition tothe new testing, the upgraded network nowincludes “Full Service Stations,” “OBD onlystations,” and “Air Team Appointment OnlyTesting Stations”.

Illinois Green Fleets Program

The Illinois Green Fleets Program now hasover 100 designated “green fleets” throughoutthe state. Our green fleets have nearly 12,260clean, alternate fuel vehicles, driving vehiclesthat run on natural gas, propane, E85, biodiesel(B20), electricity, hybrid-electric, andhydrogen. For more information and application materialson the Illinois Clean School Bus, AlternateFuel Rebate, and Illinois Green Fleetsprograms, to learn which school districts havereceived funds to clean up their school buses,which fleets are “green fleets” and using

alternate fuels, and where you can find stationsthat sell E85 and biodiesel, go towww.illinoisgreenfleets.org. Idling Campaign

The Illinois EPA continues to reach out to andeducate school districts, local governments,trucking companies, and other companies withlarger diesel vehicles on the benefits of notidling their trucks and buses when it is notnecessary. In many cases, it is still commonfor diesel engines to be left running while thevehicle is parked and unattended. The Agencydeveloped publications on the affects of idling,making a significant business andenvironmental case for turning off the engineswhen not in use. As a result, a number ofbusinesses, local governments and schooldistricts have developed idling policies or othervoluntary efforts to reduce idling. For moreinformation on idling, go towww.illinoisgreenfleets.org.

EMERGENCY OPERATIONSUNIT

2007 – 2008 Incidents

In 2007 and 2008, Illinois EPA’s EmergencyOperations Unit (EOU) staff handled 1,672 and1807 incidents respectively. These incidentswere reported to the Illinois EmergencyManagement Agency (IEMA) which serves asthe State Emergency Response Center (SERC)for Illinois.

In 2007, 73 incidents prompted the evacuationof 412 people, 19 of which involved 21fatalities and 83 incidents resulting in 136injuries. The majority of incidents were –1491 – leak or a spill, while 36 – fire orexplosion, 110 – gas or vapor cloud, and 83 –involve water contamination. In 2008, 82incidents prompted the evacuation of 452people, 12 of which involved 17 fatalities and88 incidents resulting in 174 injuries. Themajority of incidents were – 1,548 – leak or aspill, while 50 – fire or explosion, 162 – gas orvapor cloud, and 128 – involved watercontamination.

Examples of Significant Events:

Petroleum Pipeline Releases

In August 2008, a 20-inch Marathon Pipelineruptured in a rural area south of Albion (WayneCounty) causing the release of approximately250,000-gallons of crude oil. Crops, forestedareas and a portion of Elm Creek wereimpacted. Preventative measures wereinstalled to address the potential threat posed tothe Little Wabash River and the City ofFairfield Public Water Supply’s intake. IllinoisEPA staff responded to the scene along withthe USEPA Region 5 On-Scene Coordinator(OSC) and amongst other activities, involvedin the joint assessment of wildlife and faunaimpacts with the Illinois Department of NaturalResources and the US Fish & WildlifeServices.

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In September 2008, a 12-inch MarathonPipeline ruptured causing the release ofestimated 78,000-gallons of diesel fuel nearAshmore (Coles County). While a portion offuel was contained at the surface, the majoritywas retained in the soil. Illinois EPA staffresponded to the scene, provided oversight ofprotection measures for the tributary toEmbarras River and involved in the subsurfaceinvestigation and recovery operations with thesupport of USEPA Region 5 personnel.

Train Derailments

During the period, several train derailmentsoccurred. Hereafter are a few illustrativeexamples:In March 2007, CSX Transportation trainderailed near Alsip (Cook County) andinvolved several rail cars including five (5)containing phosphoric acid that promptedprecautionary evacuations. Illinois EPAprovided oversight of the company’s responseto the environmental issues.

In March 2008, a Union Pacific Railroad trainderailed near West Vienna (Johnson County)when a bridge over a creek was washed out bysevere flooding resulting in the release of2000-gallons of diesel fuel and 30-tons of coal.The Illinois EPA staff responded to the scene,supervised cleanup activities and conductedmonitoring for any residual fuel in the creekonce the flood waters had receded. In January 2008, a tornado caused UnionPacific Railroad locomotive and 12 railcarsincluding two (2) tank cars to derail inChemung Township near Harvard (McHenry County). One of the tank cars leaked aquantity of lube oil that entered the WestBranch of Lawrence Creek and PiskasawCreek. Illinois EPA staff responded to thescene and coordinated mitigation measures toreduce the impact and remediation activitieswith local officials and the USEPA Region 5OSC. Staff also supervised the loading of thedamaged ethyl acetate tank and shipment to itsfinal destination in Janesville, WI.

Facility FiresIn November 2007, an explosion andsubsequent fire at the CWLP – Springfieldcoal-fired power plant in Springfield(Sangamon County) resulted in discharge of avariety of contaminants including transformeroil and fire-fighting foam to Lake Springfield.The Lake is a public water supply for the Cityand surrounding communities withapproximately 150,000 consumers within itsservice area. Illinois EPA staff responded toinsure continual safe drinking water and tooversee cleanup efforts. The Illinois EPA alsowere involved is the investigation as to thecause of the release, measures need to preventa similar release in the future, andimprovements to the facilities response to therelease. This oversight prompted a review ofthe site’s Storm Water Pollution PreventionPlan and the addition of monitoring equipmentto improve day-to-day management of theirIndustrial Wastewater Treatment Plant. In August 2008, a fire in a chemical reactor atthe Blue Island Phenol LLC in Blue Island(Cook County) resulted in an employee injuryand contaminated fire water runoff thatimpacted off-site areas along Homan Avenueand a stormwater retention basin thatdischarges to a tributary to Mosquito Creekand ultimately to the Cal Sag Channel. Duringthe response and subsequent investigations,EOU coordinated with local officials, theIllinois Attorney General’s Office and theMetropolitan Water Reclamation District of

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Greater Chicago on various matters includingextensive monitoring and causation analysisaimed at preventing similar occurrence in thefuture. Maritime IncidentsIn February 2007, Kirby Inland Marine’s M/VKimberly Jane ran aground on the lock wall atOhio River Lock and Dam 52 near Metropolis(Massac County). The vessel was towing abarge that contained 8,000-gallons of cumene,a flammable liquid with a variety of toxiceffects. The Illinois EPA responded andcoordinated containment activities andinvestigation with the US Coast Guard, IEMA,ING and the Kentucky Civil Support Teamthrough the Unified Area Command inPaducah, KY. Staff consulted with ILAmerican Water Company – Cairo to insurecontinued safe drinking water.Manufacturing Facilities Issues

In April 2007, trichloroisocyanuric acid in ahopper at the Stellar Manufacturing facility inSauget (St. Claire County) started off-gassingthat resulted in an evacuation of the facilityand surrounding businesses. The Sauget FireDepartment sprayed water on thehopper until the contents cooled enough to stopthe off-gassing. The St. Claire County HazMatTeam conducted on and off-site monitoring andfacility entries to assist the company to halt therelease. The Illinois EPA performed follow-upinvestigation as to the cause of the release,measures needed to prevent a similar release in

the future, and improvements to the facility’sresponse to any future release.In December 2007, several hours after sodiumhydroxide was mistakenly added to a batch ofproduct at Enthone Inc. in Bridgeview (CookCounty), two 55-gallon drums started off-gassing resulting in the facility andsurrounding businesses being evacuated. TheBridgeview Fire Department responded to theincident. The Illinois EPA also responded tothe facility and provided oversight of on-siteremediation activities. Subsequent activitiesinclude directing the facility to conduct acausation analysis, develop measures needed toprevent a similar release in the future, andmake improvements to the facility’s responseto any future release.

Transportation Accidents

In December 2007, a 5,300-gallon gasolinetanker truck owned by Casey’s General Stores,Inc. was struck by a vehicle that failed to yieldat a stop light. The tanker subsequently rolledspilling its contents into an IDOT drainageditch adjacent to the Interstate 72 westbound

on-ramp in Champaign (Champaign County).The release impacted Copper Slough, caused afish kill, and threatened Kaufman Park andseveral commercial properties. Illinois EPAstaff responded to the scene and coordinatedwith the City of Champaign personnel andcontinue oversight of the on-going cleanup ofthe immediate area that poses a threat to areagroundwater. During the period, numerous vehicularaccidents involved diesel fuel releases fromsemi-truck saddle tanks that prompted IllinoisEPA response to the scene to direct cleanup ofthe immediate areas and any waterwaysimpacted.Crude Oil OperationsDuring the period, the Illinois EPA alsoresponded to several incidents primarily in thesoutheastern portion of the State that involvedthe release of crude oil and salt brine from oilpumping, flow lines and storage facilities.During the course, the Illinois EPA performedfollow-up investigations as to the cause of thereleases, measures by the companies needed to

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prevent a similar release in the future, andimprovements to their reporting and responseactions to a release.Agricultural IndustryIn April 2007, Rock River Logistics’ deliveredanhydrous ammonia to the Seward Ag Supplyfacility in Seward (Winnebago County).During the transfer, the hose connecting thedelivery truck to the bulk tank rupturedreleasing approximately 20-tons of anhydrousammonia. The release resulted in evacuationsof surrounding businesses, contamination ofsoil and water both on and off site, and thedeaths of livestock and over 10,000 fish andmussel populations. The Illinois Departmentof Agriculture performed initial investigationwith the Illinois EPA and the Illinois AttorneyGeneral’s Office performing follow-up. RockRiver Logistics has changed procedures toinsure more adequate hoses are used in thefuture and they are currently remediating thesite.In June 2008, a valve on a 300,000-gallonlivestock waste storage tank near Rockton(Winnebago County) failed and caused the

release of 250,000-gallons of waste. Thelivestock impacted adjacent properties and alsoentered a tributary of Coon Creek. IllinoisEPA staff responded and directed efforts tocontain and recover the waste.

In November 2008, a farmer hauling trailerwith 3,500-gallons of livestock waste rolledover along IL Route 40 near the VillageMilledgeville (Carroll County). The resultingspill impacted the roadway and the adjacentdrainage ditch. Illinois EPA staff responded tothe scene and directed the cleanup of theimpacted areas.

In December 2008, a catastrophic failure of asteel storage tank at the Tri-Central Coop inAshkum (Iroquois County) caused a release of

2700-tons of 28% ammonia liquid fertilizer toadjacent farm fields, Prairie Creek and IroquoisRiver. Illinois EPA staffed responded to thescene, oversaw site investigations, conductedextensive water quality sampling, consultedwith IL Aqua – Kankakee and City ofWilmington Public Water Supplies to insurecontinued safe drinking water and also assistedother State agencies.

Chemical Storage & DeliveryProblems

In February 2008, in the course of delivering1,000-gallons of kerosene to the Promart RetailGas Station, a Sunrise Ag Service Companyemployee dispensed the fuel into the building’ssanitary service line. As a result, the keroseneentered the City of Mason City’s (MasonCounty) sanitary sewer system and itswastewater treatment facility (WWTF).Illinois EPA staff were on-scene to assess thepublic sewer system, direct containment of thekerosene to the WWTF to prevent discharge towaters of the State, and to oversee subsequentcleanup efforts. The Illinois EPA also

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performed follow-up investigation as to thecause of the release, measures needed toprevent a similar release in the future, andimprovements by both companies to preventrecurrence at the Mason City and any otherfacility owned, operated and/or deliveriesmade to.

Weather Related Responses

During the period, severe weather including icestorms, flooding and tornados causedenvironmental issues across the State. Wherenecessary, the Illinois EPA provided field

response, staffed the State EmergencyOperations Center and Unified Area Commandposts, monitored public water supplies and

wastewater treatment facilities, facilitatedprompt debris disposal, coordinated with otherState agencies, and for Federal declareddisaster counties, coordinated with USEPARegion 5 on the debris assessment, pickup anddisposal of abandoned containers.

Illinois EPA Division ofLaboratories ProvidesEnvironmental Sample Analysis

The Illinois EPA environmental laboratory,located in the Southern Illinois UniversitySchool of Medicine complex in Springfieldsupports the Agency’s three Bureaus byperforming analyses of samples taken by fieldpersonnel, as well as analyzing requiredsamples from many public water supplies inthe state. The Division of Laboratories alsoadministers an environmental laboratoryaccreditation program that oversees standardsfor private facilities across the state.Analysis is done for inorganics, organics,biological materials and metals usingsophisticated equipment that can measure as

low as parts per billion. Data can betransmitted electronically through theLaboratory Information Management System(LIMS).In each of 2007 and 2008, more than 350,000analyses were done by the Illinois EPA lab inSpringfield.

ENFORCEMENT PROGRAMHELPS INSURE LAWS TO PROTECT THEENVIRONMENT ARECARRIED OUT

The Illinois EPA Division of Legal Counselworks with other Agency staff to enforce stateand federal laws protecting the environment,including making referrals to the IllinoisAttorney General’s Office for actions beforethe Illinois Pollution Control Board or statecourts that potentially can result in penalties,

IEPA labsanalyzethousands ofsamples each year.

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and working with the Attorney General’sOffice on negotiating SupplementalEnvironmental Projects that range fromenvironmental protection and conservationprojects benefitting local communities toinstalling additional pollution controlequipment at a facility. Agency attorneys alsowork with agency staff on compliance andrulemaking procedures. In 2007, a total of 152 cases were referred tothe Attorney General and 163 enforcementorders were finalized, with penalties totaling$2,842,635 and $1,572,865 worth of SEPs.One of the more significant orders was enteredon January 10, 2007 by the Circuit Court forRock Island County requiring that IBP (IowaBeef Processors) pay a civil penalty in theamount of $30,000 and fund six supplementalenvironmental projects that total $995,000 inresolution of the State's enforcement casealleging violations of the statutory prohibitionagainst causing, threatening or allowing airpollution resulting from odor generated by IBP,inc. during beef processing operations. Of thetotal SEP amount, $200,000 will be distributedequally to the Illinois EPA Special StateProjects Trust Fund and the Attorney GeneralState Projects and Court Ordered DistributionFund. In addition, $600,000 will be allocatedto fund the installation of idling reductiontechnology on Tyson-leased diesel trucks. Theremaining $195,000 will be allocated to fundenvironmental initiative projects for RockIsland County Schools, the construction of a

Quad City Botanical Center garden forchildren, and environmental remediation workat the Bass Street Landing Brownfield site,located in Moline, Illinois. Further, IBP mustinstall two scrubbers, which totalapproximately $748,000 to control odorgenerated during rendering operations andapply for and obtain the requisite State permitsissued by the Illinois EPA authorizing theconstruction and operation of such equipment.Other major cases resolved in 2007 included apenalty of $66,000 and a SEP of $500,000 forBunge North America and a penalty of $35,000and a SEP of $20,000 for First RockfordGroup.On January 17, 2007, U.S. District Court forthe Central District of Illinois entered aConsent Decree, filed by the Department ofJustice (“DOJ”), in resolution of violationsalleging that Bunge violated federal Preventionof Significant Deterioration (“PSD”)requirements and the federal Clean Air Act bymodifying 11 oilseed and grain processingfacilities located in 8 states without firstapplying for and obtaining the requisite PSDapproval permits and/or installing bestavailable control technology (“BACT”). Oneoilseed processing facility, located in Cairo,Illinois and one combined oilseed/corn dry millprocessing complex, located in Danville,Illinois, are the subject of the nationalsettlement. The Government alleges thatincreases in volatile organic compound(“VOC”) emissions triggered the requirement

to install BACT. The Consent Decree requiresthat Bunge pay a civil penalty of $625,000divided between the United States and thevarious participating states. Of the total civilpenalty amount, $361,000 will be paid to theUnited States. The remaining $264,000 will bedistributed among the participating statesdetermined by the number of facilities locatedwithin each state. As three processing facilitiesare located in Illinois, the civil penalty amountallocated to the State of Illinois is $66,000. Inaddition, Bunge will fund varioussupplemental environmental projects tofacilitate hazardous material training and thepurchase of equipment by emergencyresponders located in Alexander, Vermillion,and Pulaski counties, and lead abatementactivities in the City of Danville, that total$500,000. Additional “community based”SEPs will be performed in Louisiana, Indiana,Ohio, Kansas, Mississippi, Iowa, and Alabamaat an additional cost of $750,053. Further,Bunge must install air pollution controlequipment equivalent to BACT and apply forand obtain the requisite permits issued by statepermitting authorities to incorporate revisedemission limits and authorize the installation ofsuch equipment. The national settlement willresult in total combined VOC, SO2, NOx, andCO emission reductions of 1,400 tons per year.

On July 12, 2007, the Illinois Pollution ControlBoard entered an order involving FirstRockford Group’s (“FRG’s”) construction ofpotable water lines at its Golf Hill subdivision

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in Cherry Valley, Winnebago County, withoutfirst obtaining an Illinois EPA constructionpermit for the work, and various constructionsite stormwater and erosion control violationsat three adjoining subdivision developmentscontrolled by FRG in Machesney Park,Winnebago County. FRG obtained a potablewater line construction permit after work hadcommenced on the Golf Hill project. FRGimproved erosion control measures at itsMachesney Park developments and ownershipof substantial portions of those projects havesince been transferred to third parties. FRGhas agreed to pay a $35,000 civil penalty forthe past violations, as well as provide $20,000to the Rockford School District as a SEP forthe School District to purchase and install fineparticulate air filters on its buses to improveexhaust emissions from those vehicles. In 2008, there were 174 referrals to theAttorney General’s Office and 144 orders wereentered involving total penalties of $4,689,286and SEPs of $816,341.Significant cases resolved included a penaltyof $378,600 and a SEP of $225,000 fromEquistar Chemicals, LP, a penalty of $258,400and a SEP of $200,000 from Oldcastle APGNortheast, Inc. and a penalty of $110,000 andSEP of $100,000 from Toll Brothers Homes,Inc.On January 28, 2008, the United States DistrictCourt for the Northern District of Illinoisentered an order regarding Equistar Chemicals,

LP, for causing or allowing a release of 42,000lbs. of hydrocarbons from the facility’s olefinsunit, and causing or allowing the emission ofsmoke with opacity greater than 30 percent.The Illinois EPA requested that Equistar installredundant instrumentation and control toprevent future flaring incidents. The IllinoisEPA also requested the imposition of a civilpenalty of $20,000.At the request of the USEPA and theDepartment of Justice, Illinois agreed toparticipate in the federal-lead action forviolations of federal regulations regardingozone depleting substances, National EmissionStandards for Hazardous Air Pollutants(NESHAP) for benzene waste operations,federal standards for leak detection forsynthetic organic chemical manufacturers,New Source Performance Standards forsynthetic organic chemical manufacturers,Comprehensive Environmental Response,Compensation, and Liability Act, EmergencyPlanning and Community Right-to-Know Act,Clean Water Act, Resource Conservation andRecovery Act, and the State ImplementationPlan of Illinois. Equistar committed toenhanced monitoring of various equipment andfacility components, third party audits ofvarious compliance procedures, installation ofadditional controls on benzene wastewaterstreams, implementation of a flaringminimization program, and enhanced reportingof spills and releases of contaminants. Additionally, for its facility in Morris, Illinois,

Equistar agreed to modify its CAAPP permit toinclude the federal requirements for syntheticorganic chemical manufacturing and undertakeenhanced sampling of its cooling tower watersystems. Equistar paid a civil penalty of$1,964,200, of which $178,000 was paid to theIllinois Environmental Protection Trust Fund,and performed SEPs valued at $6,585,000 withthe State of Illinois SEPs having a value of$225,000. The SEPs comprised the donationof a biodiesel fuel-compatible school busmeeting the EPA emissions criteria for 2007models to the Minooka Community SchoolDistrict, the donation of emergency responseequipment to the Will County EmergencyManagement Agency, and a donation to theIllinois EPA’s Clean School Bus Program.On June 11, 2008, the Circuit Court forWinnebago County entered a Consent Order inthe case of Oldcastle APG Northeast, Inc., filedby the Attorney General’s Office, in resolutionof violations of the Act and Pollution ControlBoard regulations resulting from the excessemission of Volatile Organic Materials (VOM)generated during masonry block manufacturingoperations, and relocating emissions sourcesand air pollution control equipment withoutfirst applying for and obtaining the requisiteState construction permit. The masonry blockmanufacturing facility that is the subject of thesettlement is located in South Beloit, Illinois.The Illinois EPA alleges the excess emission ofVOM generated by Oldcastle required that thefacility apply for and obtain a Clean Air Act

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Permit Program Permit. Additionally, thefacility was required to timely submit completeannual emission reports accurately reflectingVOM emissions. The Consent Order requiresthat Oldcastle pay a civil penalty in the amountof $258,400. Of the total civil penalty amount,$13,400 will be paid to the Illinois EPArepresenting avoided fees. In addition,Oldcastle will fund a supplementalenvironmental project (“SEP”) to further dieselemission reduction activities, from existingdiesel engines including, heavy duty trucks,marine engines, locomotives, non-road enginesand school or transit buses totaling $200,000.Given block manufacturing operations locatedat each facility that is the subject of theenforcement case have ceased, the ConsentOrder does not require that Oldcastle obtain therequisite Clean Air Act Permit Program permitissued by the Illinois EPA. On October 9, 2008, the Lake County CircuitCourt entered an order in the Toll BrothersHomes, Inc. case. Toll Brothers, Inc. (“TB”)mass graded a 300+ acre site at one time for aresidential home development in HawthornWoods, Lake County and failed to provideadequate erosion controls and temporarystabilization in areas of the site to be built outin subsequent phases. This resulted in veryheavily silt-laden stormwater runoff from thesite discharging to Indian Creek and turning itopaque and causing a silt plume in CountrysideLake, to which Indian Creek is a tributarywaterway. Toll Brothers also constructed a

potable water line on site without firstobtaining a construction permit from theIllinois EPA. Toll Brothers subsequentlyimproved its erosion controls and stabilizedportions of the site to be built out at a laterdate, ceasing the silt-laden stormwaterdischarges to Indian Creek. It obtained an as-built construction permit for the potable waterline in question. Toll Brothers will provide$100,000 in SEP dollars to Lake County for itto disburse to the Countryside LakeAssociation (“CLA”) once the CLA completesa shoreline restoration project along a portionof Countryside Lake, in lieu of attempting todredge out solids from the lake that might havebeen attributable to its poor erosion controlmeasures. Finally, Toll Brothers has agreed topay a $110,000 total civil penalty for its pastviolations in this matter, with $80,000.00 goingto the ETPF and $30,000 going to LakeCounty. Copies of Illinois environmental enforcementorders back to 2002 can be viewed on theIllinois EPA web site atwww.epa.state.il.us/enforcement/orders/

New Illinois Environmental LawsEnacted in 2005-2006State Environmental LegislationApproved in 2007

New laws targeted mercury and phosphorus,provide financing alternative for undergroundstorage tank cleanups, monitoring chemicals inthe body, facilitate FutureGen clean coal

project, and solid waste facility sitingmodificationsP.A. 95-87/HB 943. Signed into law on August13, 2007; effective August 13, 2007, amends theMercury Fever Thermometer Prohibition Act andchanges the title of the Act to the Mercury-addedProducts Prohibition Act. On or after July 1, 2008,it prohibits anyone from selling or distributingcertain measuring devices that contain mercury.The law also authorizes Illinois EPA to provideexemptions to the sales ban based upon a findingthat a system exists for the proper collection andprocessing of the mercury-containing device atthe end of its useful life and that one of thefollowing applies: 1) technically feasible non-mercury alternatives are not available at acomparable cost; or 2) the use of the deviceprovides a net benefit to the environment, publicsafety, or public health when compared to non-mercury alternatives. P.A. 95-452/SB 1241. Signed into law on August27, 2007; effective August 27, 2007, amends theEnvironmental Protection Act. Beginning July 1,2008, prohibits sale of mercury thermostats foruse in both new construction as well asreplacement devices in existing buildings. Alsoremoves the date by which manufacturers mustapply for an exemption from the sales ban onmercury switches and relays that goes into effectJuly 1, 2007.P.A. 95-115/SB 376. Signed into law on August13, 2007; effective August 13, 2007, creates theRegulation of Phosphorus in Detergent Act.Beginning July 1, 2010, makes it illegal to use,

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sell, distribute, or manufacture any cleaning agentcontaining more than 0.5% phosphorus by weight.Requires the Illinois Pollution Control Board(IPCB) to promulgate rules governing theexception process and administration andenforcement of the bill.

P.A. 95-403/HB 277. Signed into law on August24, 2007; effective August 24, 2007, amends theEnvironmental Protection Act regarding theIllinois EPA’s Leaking Underground Storage Tank(LUST) program. Where the Illinois EPA hasestablished a LUST reimbursement paymentpriority list (which it already has done), authorizesLUST tank owners/operators to assign the amountof reimbursement they are owed from the State’sLUST Fund to a bank, financial institution, lender,or other person that provides factoring orfinancing to tank owners/operators or theirconsultants, in order to be paid a percentage (to beagreed upon between the tank owner and thelender/bank/other person) by thelender/bank/other person now, rather than wait forthe Agency to pay the tank owner/operatordirectly. The lender/bank/other person would thenwait the approximately 12-15 months it currentlytakes the State to pay the reimbursement claimfrom the Agency’s LUST Fund. Prohibits thelender/bank/other person from appealing theamount of the LUST reimbursement, or fromassigning the reimbursement to yet another party.

P.A. 95-74/HB 680. Signed into law on August13, 2007; effective January 1, 2008, creates theBiomonitoring Feasibility Study Act. Authorizesthe University of Illinois at Chicago (UIC), and

the Great Lakes Center for Occupational andEnvironmental Safety and Health to conduct afeasibility study on how best to monitor thepresence and concentration of designatedchemicals in the bodies of Illinois residents.Requires the Directors of the Department ofPublic Health (IDPH) and the EnvironmentalProtection Agency (Illinois EPA) to establish ascientific guidance panel to provide guidance andrecommendations regarding the design andimplementation of the feasibility study, includingspecific recommendations for chemicals that arepriorities for biomonitoring. Establishes criteriato be used by the panel for recommending prioritychemicals, and for recommending additionalchemicals. Requires UIC to submit a draft reportfor review and comment by the guidance paneland the public two years after the effective date of

the bill, containing the findings andrecommendations of the study. Requires thereport to be revised taking into consideration thecomments received by and the recommendationsof the guidance panel, and the final report besubmitted to the Governor and the GeneralAssembly.

P.A. 95-18/SB 1704. Signed into law on July 30,2007; effective July 30, 2007, creates the CleanCoal FutureGen for Illinois Act. Provides theFutureGen Alliance with adequate liabilityprotection and permitting certainty to facilitate thesiting of the FutureGen Project in Illinois. Thebill contain provisions concerning transfer of titleto sequestered gas and associated liabilities to theState; insurance and indemnification by the Statefor the operator (the FutureGen Alliance) forcertain liabilities; permits; land use; and economicincentives.

Amends the Court of Claims Act and the StateLawsuit Immunity Act concerning jurisdiction.Provides that the State’s Court of Claims hasjurisdiction concerning any public liability actionsarising under the bill, except that such an actionmay be brought in circuit court if the cause ofaction is one of personal injury or wrongful deathwhere such injury or death was proximatelycaused by the storage, escape, release, ormigration of any post-injection sequestered gasthat was injected during the operation of thefacility.

Also amends the Department of Commerce andEconomic Opportunity Law and the IllinoisEnterprise Zone Act concerning financial

The Illinois Statehouse where laws are made

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assistance and high impact businesses. Providesthat the two locations currently underconsideration in Tuscola and Mattoon are the onlylocations eligible for benefits under the bill.Exempts the operator of the facility from anytaxes imposed by the State upon the nameplatecapacity of the facility’s generating units.

Requires the Department of Natural Resources’(DNR) State Geological Survey to monitor,measure, and verify the permanent status ofsequestered carbon dioxide (CO2) and co-sequestered gases in which the State has acquiredthe right, title, and interest under the bill.

Specific to the Illinois EPA, the bill requires theState of Illinois to be responsible for anyremediation actions necessary in the event offuture contamination potential that may exist as aresult of the sequestered gas. The languageattempts to define certain activities and subjects,limit liabilities, grant land use rights, and provide“permit certainty” for the FutureGen Alliance.Requires the State to streamline the permittingprocess, and to allow the operators of the facilityto combine permit applications where appropriate.

The legislation contains a severability clause andalso contains a repeal date of December 31, 2010unless the FutureGen project is located in eitherTuscola or Mattoon.

Several bills were passed and signed into law thatmade modifications regarding the siting of varioustypes of solid waste disposal and pollution controlfacilities. They included:

P.A. 95-131/HB 937. Signed into law on August13, 2007; effective August 13, 2007. Amends theEnvironmental Protection Act and exempts fromthe local siting process any wood-fired incineratorfacility used for energy recovery. The proposedfacility, to be located in the Village of Robbins onthe site where the former Robbins wasteincinerator was operated as an energy recoveryfacility, could only accept clean wood approvedby the Illinois EPA for fuel. Finally, this billcontains a geographic limitation so that only theproposed Robbins facility would qualify for thenew siting exemption.

P.A. 95-177/HB 3638. Signed into law on August14, 2007; effective January 1, 2008, amends theEnvironmental Protection Act and excludes fromthe local siting approval process those sites orfacilities that hold no more than 500 gallons ofnon-petruscible solid waste in transit for 10 daysor less, provided that such waste will be furthertransferred to a recycling, disposal, treatment, orstorage facility on a non-contiguous site thatcomplies with all applicable 10-day transferrequirements of the federal ResourceConservation and Recovery Act (RCRA) and theU.S. Department of Transportation’s (USDOT)hazardous material requirements. Theamendment also defines “non-petruscible solidwaste” as waste other than garbage that does notrot or become putrid, including but not limited topaints, solvents, filters, and absorbents.

P.A. 95-288/HB 316. Signed into law on August20, 2007; effective August 20, 2007, amends theEnvironmental Protection Act and makes two

clarification changes to the local siting law.First, the bill clarifies that the proper governingbody (municipality if located in an incorporatedarea, or county board if located in anunincorporated area) to determine whether or notsiting shall be granted for any new or expandedpollution control facility (landfill or waste transferstation) shall be the governing body in which thefacility is to be located at the time the sitingapplication is filed.

Secondly, the bill would clarify that compliancewith the required setback provisions for any newor expanded waste transfer station only is to bedetermined based on the date the sitingapplication is filed.

Other environmental legislation thisyear included:P.A. 95-453/SB 1242. Signed into law on August27, 2007; effective August 27, 2007, createsIllinois Cool Cities Act. It requires the IllinoisEPA to provide technical assistance, if needed, tounits of local governments that have endorsed theU.S. Conference of Mayor’s Climate ProtectionAgreement. Specifies that the technical assistanceinclude support in the preparation of an inventoryof greenhouse gas (GHG) emissions and anassessment of the emission reduction benefits ofmethods to reduce greenhouse gases. Requiresthe Illinois EPA to designate local governments asan “Illinois Cool City” upon a finding that theirGHG reduction plans accurately estimateemission reduction benefits and there is evidenceof commitment by the local government toimplement the plan.

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P.A. 95-66/HB 516. Signed into law on August13, 2007; effective August 13, 2007. Amends theEnvironmental Protection Act and with regard tothe nuclear power plant inspections that bothIllinois EPA and the Illinois EmergencyManagement Agency (IEMA) are required toconduct, deletes the provision allowing self-inspection by the owner or operator of the nuclearpower plant in lieu of the inspections by the twoagencies.

P.A. 95-104/HB 1460. Signed into law on August13, 2007; effective January 1, 2008. Amends theGovernment Buildings Energy Cost ReductionAct of 1991 and requires all buildings owned orleased by the State that are 1,000 square feet orlarger to use Energy Star labeled light bulbs.Authorizes owners of buildings that are requiredto use Energy Star labeled light bulbs to depletetheir supply of non-Energy Star light bulbs.Provides for the proper disposal of used lightbulbs. Excludes certain historic buildings fromthe provisions of the Section.

P.A. 95-121/HB 496. Signed into law on August13, 2007; effective August 13, 2007. Amends theEnvironmental Protection Act. Excludesreclaimed asphalt pavement (RAP) from beingconsidered “speculatively accumulated” if all ofthe following conditions are met: 1) the RAP isnot mixed with waste or other clean constructionor demolition debris; 2) the RAP is returned to theeconomic mainstream within 4 years; 3) at least25% of the stored RAP is removed from the siteeach year; and 4) if the RAP is being used as fillmaterial, the RAP cannot be placed above grade.

P.A. 95-132/HB 987. Signed into law on August13, 2007; effective January 1, 2008. Creates theWabash and Ohio Rivers Coordinating CouncilAct and a coordinating council that wouldshepherd financial and other resources to theWabash and Ohio River basins. The Councilwould be composed of 13 members with theLieutenant Governor acting as the chairman.Additional non-voting members could also beplaced on the Council. All members, except theLieutenant Governor, would be selected by theGovernor from a specific list of state agencies anddepartments, businesses, and natural resourcegroups. Council duties would include: 1)reviewing state and federal activities within thebasin; 2) working with local communities toaddress watershed and water resource concernsthat lead to the protection, restoration, andexpansion of critical habitat, soil conservation,and water quality; 3) optimizing state and federalfund expenditures; 4) making recommendationsto coordinate the expenditure of state and federalfunds; 5) encouraging local communities todevelop water management plans to addressstormwater, erosion, flooding, sedimentation, andpollution problems, and encouraging naturalconveyance, flood water storage, andenhancement of habitat and recreation, thepreservation of farmland, prairies, and forests,and the use of measurable and compatibleeconomic development; and 6) identifyingpossible sources of additional funding.

P.A. 95-238/HB 375. Signed into law on August20, 2007; effective August 20, 2007. Creates theGreat Lakes-St. Lawrence River Basin Water

Resources Compact Act. Authorizes theGovernor to enter into the Compact and providesthat the Compact is an agreement between thestates of Illinois, Indiana, Michigan, Minnesota,New York, Ohio, and Pennsylvania. Sets forth thejurisdiction, organization, powers, and purposes ofthe Council. Sets forth the purposes of theCompact, including the protection andconservation of waters and water dependentresources and the promotion of interstate andstate-provincial comity. Requires the IllinoisDepartment of Natural Resources (DNR) andother state agencies to perform, at the direction ofthe Governor, the functions and duties required ofIllinois under the Compact. Provides that allappointments by the Governor under the Compactare subject to the advice and consent of theSenate. Identical to SB 50 (Cullerton/Osterman).

P.A. 95-139/HB 1780. Signed into law on August13, 2007; effective January 1, 2008. Amends theState Finance Act. Changes the names of theConservation 2000 Fund and Conservation 2000Projects Fund to the Partners for ConservationFund and the Partners for Conservation ProjectsFund. Authorizes use of the funds by theDepartments of Natural Resources (DNR) andAgriculture, as well as the Illinois EPA, forplanning, preservation, and water protection, topartner with private landowners, government, andnot-for-profit organizations, and to pay personneland other costs. Eliminates the Department ofTransportation (IDOT) as a forth state agencyauthorized to use funds. Provides that the Partnersfor Conservation Fund be supported by monthlytransfers from GRF totaling $14 million per year

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through 2021 (now, 2009). Of this total, theIllinois EPA receives $1.6 million per year to fundits Illinois Clean Lakes program, Priority Lakeand Watershed Improvement program, and itsLake Education Assistance program

P.A. 95-268/SB 303. Signed into law on August17, 2007; effective January 1, 2008. Creates thePlastic Bag Recycling Act and the Plastic BagRecycling Task Force and creates a mandatoryplastic bag recycling pilot program for certainretailers of Lake County. Sets out thecomposition and duties of the Task Force.Requires the Task Force and the Illinois EPA tocollaborate on a report to be submitted to theGovernor and the General Assembly on specifiedaspects of the pilot program, and repeals theprovisions of this bill on June 1, 2010.

State Environmental LegislationApproved in 2008

New state laws regulate electronic wastedisposal, promote green practices andenvironmental site cleanupsP.A. 95-959/SB 2313 (Garrett/Nekritz).Signed into law on Sept. 17, 2008; effective Sept.17, 2008.Creates the Electronics ProductsRecycling and Reuse Act. Requires electronicsmanufacturers to collect and recycle or process forreuse residential televisions, printers, computermonitors, computers, laptop computers andprinters (collectively known as “coveredelectronics devices,” or CEDs), and other “eligibleelectronics devices” (EEDs) at no charge toconsumers. Beginning January 1, 2010, requires

manufacturers to achieve their fair share of astatewide goal based upon their portion of newsales (called “market share” – applies to televisionmanufacturers) or their share of electronics thatare recycled/processed for reuse (called “returnshare” – applies to computer manufacturers).

Authorizes electronics manufacturers to use anystrategy they like to meet their goals, e.g.,partnering with retailers and local governments;sponsoring collection events, or collectionfacilities. In order to encourage electronicscollection options in parts of Illinois that areunderserved by collection facilities, providesmanufacturers with a double credit (2 pounds forevery pound collected) towards meeting theirgoals by collecting electronics in these areas.Manufacturers could also earn double credits byprocessing for reuse (rather than recycling) CEDs,and triple credits when CEDs are donated forreuse to a primary or secondary public school or a501(c)(3) not-for-profit entity that serves lowincome children and families or thedevelopmentally disabled.

Requires manufacturers to ensure that thoserecyclers and refurbishers used to meet themanufacturers’ goals adhere to a minimum set ofstandards, including, but not limited to, standardsaddressing environmental and worker safety,liability insurance, and international export ofused electronics.

Requires CED manufacturers, recyclers,refurbishers, and collectors to register annuallywith the Illinois EPA. Annual registration fees formanufacturers would be $5,000. Participating

recyclers/refurbishers would pay a flat annual feeof $2,000. These registration fees would beindexed for inflation. Additionally, the feestructure is designed to cover the Illinois EPA’sestimated annual costs to administer this law(roughly $650,000).

Beginning January 1, 2012, or the third year of theprogram, landfills would be prohibited fromknowingly accepting any CEDs for disposal. Thisincludes televisions, computers, printers, andcomputer monitors (both residential and non-residential). The burning or incineration oftelevisions, computers, printers, and computermonitors would also be prohibited.

The bill also creates penalties for violations of thenew Electronics Products Recycling and ReuseAct this bill would create. The manufacturers’goals would not be enforced during the first twoprogram years. Establishes penalties forviolations by recyclers and penalties whenmanufacturers fail to report to Illinois EPA one-time only.

Beginning on April 1, 2012 but no later thanDecember 31, 2013, the Illinois Pollution ControlBoard is authorized to review temporary CEDlandfill ban waiver petitions for countygovernments or municipal joint action agencies,and determine whether the respective county’s oraction agency’s jurisdiction may be granted atemporary landfill ban waiver due to a lack offunds and lack of collection opportunities tocollect CEDs and EEDs within the county’s oraction agency’s jurisdiction. Further authorizesthe Pollution Control Board to grant such waivers.

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Lists specific items that a landfill waiver petitionfrom a county or action agency must include.

P.A. 95-741/HB 4159. Signed into law on July18, 2008; effective July 18, 2008. Amends theIllinois Solid Waste Management Act. Providesthat school districts review their procurementprocedures and give preference to products andsupplies containing the highest amount ofrecycled material, where economically andpractically feasible. Requires each school districtto develop a comprehensive waste reduction planto provide for the recycling of marketablematerials present in the school’s waste stream andbe designed to achieve at least a 50% reduction inthe amount of solid waste generated before July 1,2020. Requires the plan to be updated every 5years.

P.A. 95-743/HB 5930. Signed into law on July18, 2008; effective January 1, 2009. Amends theGovernment Buildings Energy Cost ReductionAct of 1991. Requires the use of Energy Starlights or LED lights (now, Energy Star lights) instate-owned or leased buildings of 1,000 squarefeet or larger.

P.A. 95-749/HB 271. Signed into law on July 23,2008; effective July 23, 2008. Creates thePromote Illinois Ethanol and Biodiesel Act.Subject to appropriation, requires the Internetwebsites of all state agencies to include hypertextlinks to websites containing information onethanol and biodiesel fuels. Authorizes stateagencies to provide links on their websites toIllinois agricultural or health related organizations;

and national agricultural, renewable fuel, or healthrelated organizations.

P.A. 95-824/HB 4129. Signed into law on August14, 2008; effective August 14, 2008. Amends thePrivate Sewage Disposal Licensing Act. Uponthis bill becoming law, requires the Department ofPublic Health (IDPH) to evaluate each“experimental use permit” [as defined in 77 Ill.Adm Code 905.20(m) and (n)] for compliancewith the conditions set forth for each permit.Prohibits IDPH from issuing any moreexperimental use permits. Instead, requires theDepartment to authorize the use of appropriatenew innovative wastewater treatment systems ona site specific basis. Authorizes IDPH to reviewalternative technologies from other states.

P.A. 95-845/SB 2110. Signed into law on August15, 2008; effective January 1, 2009. Creates theUniform Environmental Covenants Act (UECA).Creates an interest in real estate called an“environmental covenant” that assures a plan ofrehabilitation for contaminated real property(brownfields) and controls the use of the property.An environmental covenant may be separatelyconveyed to and enforced by a relevant thirdperson called a holder. An underlying planbetween the State or federal government and thelandowner for remediation of the property wouldhave to be in place for an environmental covenantto be created and conveyed.

The bill provides for the creation of such acovenant, its termination when appropriate,priority over other real estate interests, and

enforcement over the time the covenant is inplace. An environmental covenant would beperpetual unless a specific term is prescribed inthe instrument creating it. The interest wouldhave to be recorded in the real estate records.

P.A, 95-919/SB 2034. Signed into law on August26, 2008; effective August 26, 2008. Amends thePrivate Sewage Disposal Licensing Act. Allowsunits of local government to require homeownerswho maintain private sewage disposal systemswithin their jurisdiction to provide verification, nomore than once every 3 years, of a validmaintenance contract with a licensed privatesewage disposal system installation contractor.Specifically prohibits the local government fromcharging the homeowner any additional fee forsuch verification.

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HEADQUARTERS1021 North Grand Avenue EastP.O. Box 19276Springfield, Illinois 62794-9276217-782-3397

FIELD OFFICES2125 South First StreetChampaign, IL 61820217-278-58002009 Mall StreetCollinsville, IL 62234618-346-5120

595 South StateElgin, IL 60123847-608-3131P.O. Box 767Elk Grove, IL 60009847-758-341212 Gunia Drive, Suite 2La Salle, IL 61301815-223-13442309 W. Main StreetMarion, IL 62959618-993-72009511 W. Harrison StreetDes Plaines, IL 60016847-294-4000(Bureau of Air, Water)5415 North UniversityPeoria, IL 61614309-693-5463

(Bureau of Land)7620 North University, Suite 201Peoria, IL 61614309-693-54624302 North Main StreetRockford, IL 61103815-987-7760

Notice of NondiscriminationThe Illinois Environmental ProtectionAgency does not discriminate on thebasis of race, color, national origin, orincome in the administration of itsprograms or activities, as required byapplicable laws and regulations.Responsibility for coordination ofcompliance efforts and receipt ofinquiries concerning nondiscriminationrequirements implemented by 40C.F.R.Part 7 (Nondiscrimination inPrograms or Activities Receiving FederalAssistance from the EnvironmentalProtection Agency), including Title VI ofthe Civil Rights Act of 1964, has beendesignated to: Ken PageEnvironmental Justice OfficerIllinois Environmental ProtectionAgency1021 North Grand Avenue EastPost Office Box 19276Springfield, Illinois 62794-9276888-372-1996

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ILLINOIS ENVIRONMENTAL PROTECTION AGENCYBOX 19276

SPRINGFIELD, ILL. 62794-9276

December 2009

IOCI0685-10