ILLINOIS POLLUTION CONTROL BOARD

May 11, 1989

IN THE MATTER OF:

)

)

ELIZABETH STREET FOUNDRY,

INC.,

)

R89—6

ORDER OF THE BOARD

(by J.D.

Dumelle):

This matter comes before the Board

upon an ~pri1

28,

1989,

filing by Elizabeth Street Foundry,

Inc.

(Petitioner)

of

a

Petition

for Site—Specific Rule Change.

For the reasons

set

forth below,

this petition

is deficient.

First,

the Petitioner

is directed

to Section 27(a)

of the

Environmental Protection Act

(Act), for

the requirements of

a

proposal

for rulemaking.

This Section requires:

Any person filing with the Board

a written

proposal for the adoption, amendment or

repeal

of regulations shall provide information

supporting

the requested

change,

as well

as

a

recommendation of whether

an economic impact

study

is advisable,

and shall at

the same

time

file a copy

of such proposal with the Agency

and the Department.

To aid the Board

in

determining whether

an economic impact study

is needed and

to assist the public in

determining which facilities will be

impacted,

the person filing

a proposal shall describe,

to the extent reasonably practicable,

the

universe of affected sources and facilities

and the economic impact of

the proposed

rule.

Also,

Section

28

requires that

a proposal such

as

this

be

accompanied by

a petition signed by

at least

200 persons

(or

a

motion to waive

this requirement).

Until

these requirements are

fulfilled,

the Board

is unable

to proceed

on the proposal.

If

an

amended petition

is not filed within 45 days

of the date

of this

Order

this petition will be subject to dismissal.

Second,

the proponent appears

to be seeking

a

rule change

contingent upon

the Board denying

relief

to the Foundry

in

another proceeding, PCB 86—161.

The Board does not favor

the

progress of one proceeding being contingent

upon the resolution

of another proceeding.

When

a proposal

is filed,

the proponent

must be prepared

to procecd;

if

not,

the proposal will

be subject

to

dismissal.

Finally,

based

On

the

nature

of

the

relief

requested,

the

Board

notes that the Petitioner may wish

to consider utilizing

99-493

---

—2—

the new adjusted standard process

set forth

in Section 28.1

of

the Act.

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

//ZZT

day of

____________,

1989 by a vote

of

______________.

Dorothy M.,~unn, Clerk

Illinois Pollution Control Board

99—194