ILLINOIS POLLUTION CONTROL BOARD
    March
    10,
    1988
    IN THE MATTER OF:
    VOLATILE ORGANIC MATERIAL
    )
    R82—14
    EMISSIONS FROM STATIONARY
    )
    SOURCES:
    RACT
    III
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On January
    26,
    1988, Allied Tube and Conduit Corporation
    (“Allied”)
    filed a motion for modification, clarification or
    reconsideration of the Board’s December
    22,
    1987,
    final Opinion
    and Order
    in this matter.
    Allied appears
    to ask the Board to
    review the record
    in this proceeding and make
    a determination
    that Allied’s facility
    is
    in compliance with the regulations,
    to
    make
    a determination that the rules do not apply to Allied,
    or
    to
    make
    a determination that the
    record
    is
    incomplete and to reopen
    the record.
    On February
    16,
    1988,
    the Illinois Environmental
    Protection Agency
    (“Agency”)
    filed
    a response urging the Board
    to
    deny the motion.
    The Agency asserts
    that
    a final regulation
    cannot be modified without
    a new rulemaking proceeding,
    that an
    “interpretive exception” would
    in fact be
    an impermissible
    modification
    to the rule,
    that the Board did not make
    a
    determination on Allied’s compliance status
    in this proceeding,
    and that the record
    in this proceeding should not be reopened.
    The Board agrees with the Agency that here,
    the final
    regulation may not be changed except by
    a new rulemaking
    proceeding.
    Also,
    the determination of whether a given
    regulation applies
    to
    a particular
    facility,
    and whether that
    facility
    is
    in compliance with a
    regulation,
    is not
    a matter best
    resolved
    in
    a regulatory format.
    Therefore,
    the Board will deny
    the motion for modification, clarification or reconsideration.
    The Board notes that language
    in the Opinions of July
    16,
    1987 and December
    22,
    1987 stated that Allied was identified
    as
    potentially affected by the proposed rule, but had achieved
    a
    technological breakthrough
    that resulted
    in compliance.
    That
    statement
    is an accurate evaluation of the assertions
    of the
    participants
    in the proceeding
    to explain why Allied filed
    a
    petition
    for site—specific language and later
    in the proceeding
    withdrew its language.
    That statement does not reflect any
    determinations
    of fact or law by
    the Board
    as
    to whether Allied
    is governed by the regulation
    or whether Allied
    is
    in
    compliance.
    At the time Allied withdrew
    its request
    for site—
    specific language their presentation
    of witnesses had not been
    completed and Agency requests for information from Allied had not
    been ruled
    upon.
    87—85
    —2—
    At this time Allied has a pending permit appeal action
    (PCB
    88—35),
    and
    a pending variance proceeding
    (PCB 88—19).
    Questions
    of
    the applicability of certain regulations
    to Allied, and
    Allied’s compliance status are more properly considered
    in those
    contexts.
    IT IS SO ORDERED
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on
    the /~TtV day of _________________________,
    1988,
    by
    a vote
    of
    ~7—O
    Dorothy M. ~unn,
    Clerk
    Illinois Pollution Control Board
    37—86

    Back to top