ILLINOIS POLLUTION CONTROL BOARD
May 24, 1990
USS DIVISION OF USX CORPORATION,
Petitioner,
v.
)
PCB 90—28
(Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by B. Forcade):
This matter comes before the Board upon a Motion to
Reconsider filed May 2, 1990 by tJSS Division of USX Corporation
(“USS”). No response to this motion was filed by the Illinois
Environmental Protection Agency (“Agency”).
USS asks the Board to reconsider a portion of its April 12,
1990 Order. USS agrees with the portion of the Order which
denied the Agency’s motion to dismiss USS’ Petition for
Variance. However, USS asks the Board to reconsider and reverse
its holding that the water toxics rules implement, in whole or in
part, an NPDES program, and can accordingly be stayed only by
Order of the court.
The Board grants reconsideration of its April 12, 1990
Order. The question presented seems to involve, in significant
part, an interpretation of federal
law:
whether water quality
standards implement in whole or in part an NPDES permit
program. Since the Agency has declined to provide the Board with
advice on this issue, the Board believes that it is appropriate
to request that the United States Environmental Protection Agency
(“USEPA”) provide the Board with any comments it may have on this
issue. Accordingly, the Board specifically will serve the Region
V office of USEPA with today’s Order and other filings and
request that USEPA respond as soon as possible. The Board would
greatly appreciate USEPA’s response by June 25, 1990. USEPA is
requested
to
serve its response on the other parties in this
proceeding.
IT IS SO ORDERED.
Ii I-L~11
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify
that the above Order was adopted on
the
~ /~ day of
___________________
,
1990, by
a
vote
0
•
1
/
/
Dorothy M. ,~unn, Clerk
Illinois P~llution Control Board
111—412