ILLINOIS POLLUTION CONTROL BOARD
March 11,
1993
IN THE MATTER OF:
)
)
JOINT PETITION OF
)
AS 92-12
CUNMINS
ENGINE
COMPANY
)
(Adjusted
Standard)
AND
THE
ENGINE
MANUFACTURERS
)
ASSOCIATION
FOR
ADJUSTED
)
STANDARDS FROM 35
ILL.
ADMIN.
)
CODE 240.141
)
ORDER OF THE BOARD
(by
3.
Anderson):
On February 16,
1993,
joint petitioners Cuinmins Engine
Company and the Engine Manufacturers Association
(petitioners)
filed a motion to stay the proceedings in this matter until
January 29,
1994.
Petitioners seek to await a decision of the
California Air Resources Board
(CARB),
where petitioners are
apparently seeking relief in California similar to that being
sought before this Board.
Before the end of the stay,
petitioners propose to provide the Board and the Agency with
either
a) information related to CARB’s decision or
b)
a status
report on the California petition.
Petitioners request that no
hearing be scheduled by the Board until that time.
The Illinois Environmental Protection Agency
(Agency)
agrees, stating that it recommends that “the Board delay making a
decision until
CARB
completes its research and makes a final
determination”.
The Agency then states that it will reconsider
the petitioners’ petition after Navistar either demonstrates that
CARB
has made a final decision or provides a detailed status
report.
(Agency amended response and recommendation at
3,
February 16,
1993).
The motion is denied.
While the Board recognizes that the record supporting its
regulation of general applicability reflects the California
experience in certain respects, an adjusted standard decision by
this Board will not flow from a decision made by CARB.
The
Board’s decision will be made in light of the Board’s general
diesel exhaust opacity regulation as well as Illinois’ statutes
and administrative law regarding adjusted standards.
Also,
while
any
CARB
“research” data relevant to an adjusted standard
petition is of course acceptable, we remind the petitioners that
they cannot justify their adjusted standard by challenging the
validity of the Board’s regulation of general applicability.
We finally remind the petitioners that this petition was
filed amost one year ago
(at that time jointly with AS 92-4 and
92-11), and served to stay the operation of the regulation of
general applicability.
See Section 28.1(e)
of the Environmental
UI
1~Q-Ø
125
2
Protection Act (415 ILCS 5/28.1(e)).1
We suggest that the
petitioners have been given a more than sufficient amount of time
to perfect their justification.
The hearing officer is instructed to schedule a hearing in
this matter.2
The petitioners are reminded of the issues and
questions contained in the Board’s May 21,
1992 order and the
Agency’s request for information on page 3 of its February
1,
1993 amended response and recommendation.
IT
IS
SO
ORDERED.
I, Dorothy H. Gunn,
Clerk of the Illinois Pollution
Control Board, hereby cer
fy that the above order was adopted on
the
//~1~
day of
i2A-c_I--’,
1993, by a vote of
~7—~::)
/~/
~
/7L.
Dorothy M.
Gu9r17 Clerk
Illinois
Pollu
ion Control Board
Formerly Ill.RevStat. Ch.111 1/2,
1028.1(e).
2
We note that on this day the Board adopted in AS 92-11
an order identical to this one in all substantive respects.
We
also note that no hearing is being scheduled in AS 92-4
OIL~O-ü126