ILLINOIS POLLUTION CONTROL BOARD
March 17,
1994
IN THE MATTER OF:
)
)
IN THE MATTER OF:
PETITION OF
)
ILLINOIS WOOD ENERGY PARTNERS,
)
AS 94-1
L.P. FOR AN ADJUSTED STANDARD
)
(Adjusted Standard)
FROM 35 Ill. ADM. CODE 807 OR,
)
IN THE ALTERNATIVE, A FINDING
)
OF INAPPLICABILITY
)
ORDER OF THE BOARD
(by C.
A.
Manning):
This matter is before the Board on the petition for adjusted
standard filed by Illinois Wood Energy Partners, L.P.
(Wood
Energy)
on February 8,
1994 pursuant to Part 106 of the Board’s
rules
(35 Ill. Adm. Code 106) and Section 28.1 of the
Environmental Protection Act
(Act)
(415 ILCS 5/28.1).
A
certificate filed February 22,
1994 indicates that a notice of
filing appeared in the Chicago Heights Star on February 13,
1994
and in the Daily Southtown on February 12,
1994.
Although
paragraph 26 of the petition waives a public hearing, on February
17,
22,
24, and 28 and March 3,
1994 the Board received citizens’
requests for hearing.
The Agency filed its response to the
petition on March 7,
1994.
Wood Energy intends to construct a facility that will
collect “waste wood” from various sources and
burn it to generate
steam for producing electric power.
It contends that the wood
used will not be a “solid waste” or “waste”, as defined under
Section 3.53 of the Act and Section 807.104 of the Board’s solid
waste rules.
Section 21(d)
of the Act and Sections 807.201
through 807.203 of the Board’s solid waste regulations require
a
permit for development and operation of a solid waste management
facility.
The Agency states in a letter dated September 15,
1993
that the type of wood proposed to be used by Wood Energy does not
meet the definition of a solid waste.
On October
8,
1993, the
Agency granted the petitioners
a New Source Performance Standard
construction permit under the air pollution control regulations
to construct the facility.
The issuance of that permit is not
before us in this matter.
Wood Energy is seeking an adjusted standard from certain
regulations applicable to solid waste management facilities or,
in the alternative,
a declaration that certain requirements do
not apply to their proposed operations.
The requirements from
which Wood Energy seeks relief impose permit obligations.
The
petition is incomplete by its own declaration; see paragraph 51,
where Wood Energy states,
in significant part,
as follows:
2
Because the Board may find that the Part 807
Regulations are inapplicable to Wood Fuel
Petitioner defers providing information concerning the
legal basis for the proposed adjusted standard until
such time (as
the Board determines appropriate.
Normally, an incomplete petition for adjusted standard
relief results in a Board order that the petitioner cure the
defects or face involuntary dismissal.
Due to the unique posture
of this proceeding,
however, the Board will proceed to the
determination of whether 35
Ill. Adm. Code Part 807 applies to
Wood Energy and whether the adjusted standard proceeding can
grant the type of relief sought given Section 21(d)
of the Act.
Since the Board received public requests for hearing within
the time prescribed by Section 281 of the Act, and because we
find that a hearing would be advisable,
this matter will be set
for a hearing.
At this hearing, the issues shall be limited to
the need for an adjusted standard from the permitting
requirements of Part 807, given the Agency’s determination that
the type of wood materials to be burned by Wood Energy does not
meet the definition of “solid waste” under the Board’s
regulations; and whether such relief
is available given the
statutory requirement for a permit contained in Section 21(d)
of
the Act.
The burden of proving these issues shall be on the
petitioner
The appropriateness and scope of the adjusted
standard sought by Wood Energy will not be at issue at this
hearing.
Prior to a hearing on those issues,
if one becomes
necessary, the Board will require Wood Energy to amend its
petition to fulfill the requirements of 35 Ill. Adm. Code Part
106.
At this hearing, the hearing officer shall limit the
presentation of testimony and exhibits to the following
preliminary issues:
1.
Whether the wood materials to be burned by Wood Energy
for energy production are “solid waste” or “waste”, as
defined under the Act and Board regulations;
2.
Whether, as a result of the facility’s operations, any
portion of the wood materials received by the proposed
facility will become “solid waste” or “waste”, as
defined under the Act and Board regulations;
3.
In the event of a finding that the material constitutes
“waste” or “solid waste,” whether the adjusted standard
process set forth in Section 28.1 of the Act is
available to grant the relief requested by Wood Energy
given the statutory permit requirement set forth in
Section 21(d)
of the Act.
3
As a final matter, as stated above, we received several
citizen letters requesting a hearing in this matter and voicing
concerns over this facility’s petition for an adjusted standard.
We remind all parties interested in this proceeding that the sole
issue currently before the Board in this proceeding is whether or
not the wood material intended to be utilized by Wood Energy
should be regulated as “waste” or “solid waste” and whether
relief is available given Section 21(d)
of the Act.
IT IS SO ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board
do hereby certify that the above order was adopted on the
______
day of
72—i ~t.-~2-
,
1994, by a vote of
_________
.
~
Dorothy M. 4unn, Clerk
Illinois Po’llution Control Board