ILLINOIS POLLUTION CONTROL BOARD
December 20,
1990
DM1,
INC.,
Petitioner,
v.
)
PCB 90—227
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by B.
Forcade):
On December
5,
1990, DM1,
Inc.
filed a petition for variance
for
its facility
located
in Woodford
County.
That petition
is
deficient
in that
it
fails to provide:
1.
A
detailed
description
of
the
existing
and
proposed
equipment
or
proposed
method
of
control
to
be
undertaken
to achieve full compliance with the Act and
regulations,
including
a
time
schedule
for
the
implementation
of
all
phases
of
the
control
program
from initiation of design to program completion and the
estimated costs
involved
for
each phase and
the
total
cost to achieve compliance,
as required by
35
Ill.
Adm.
Code 104.121(f).
DMI’s intention to file a petition
in
the future for site—specific regulatory relief does
not
constitute an adequate compliance plan;
2.
A statement of the measures to be undertaken during the
period
of
the variance
to minimize
the
impact
of
the
discharge
of
contaminants
on
human,
plant
and
animal
life
in
the
affected
area,
including
the
numerical
interim
discharge
limitations
which
can
be
achieved
during
the period
of
the
variance,
as
required
by
35
Ill.
Adm.
Code
104.121(j).
DM1
does
not
suggest
interim emission
limitations
based
on never
to exceed
levels of lbs VOM/gal; and
3.
A statement of consistency with federal law as required
by
35 Ill.
Adm. Code 104.122.
Specifically a statement
as to whether
replacing the 3.5 lbs/gal VOM limit which
is a never
to exceed value with an annual average value
for lbs of VOM/gal
is acceptable under federal
law;
117—163
Unless
an
amended petition
is
filed within
45
days
of
the
date of
this Order,
curing
the above—noted defects,
this matter
will be subject to dismissal.
The Board notes that for purposes
of calculation of the decision deadline pursuant to Section
38 of
the
Act,
the
filing
of
an
amended
petition
will
restart
the
Board’s 120 day deadline.
IT
IS SO ORDERED.
I,
Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby cer
fy that the above Order was adopted on the
~‘OZZ~
day of
_______________,
1990, by a vote of
—O
c4~ii
~.
Dorothy M.(t~ónn,
er
Illinois ~1ution
Control Board
117—164