ILLINOIS POLLUTION CONTROL BOARD
March 25, 1993
IN THE MATTER OF:
)
AS 92—13
PETITION OF
ALUMAX,
INC.
)
(Adjusted Standard)
FOR ADJUSTED STANDARD FROM
)
35 Ill. Adm. Code Part 218
ORDER
OF THE BOARD
(by B.
Forcade):
On November 25,
1992, Alumax filed a Petition for Adjusted
Standard seeking an adjusted standard from certain air pollution
control regulations found at 35 Ill. Adm. Code Subpart TT, and 35
Ill. Adm. Code 218.108.
On December
14,
1992, the Illinois
Environmental Protection Agency (“Agency”)
filed a request for
extension of time to respond, and on December 23,
1992, Alumax
filed its notice of publication.
On January 7,
1993, the Board issued an order requesting
additional information.
On March
8,
1993, Alumax filed an
Amended Petition.
The January
7,
1993 Board order found the petition did not
comply with the requirements of 35 Iii. Adm. Code 106.705
regarding the contents of a Petition for Adjusted Standard.
Specifically the petition did not contain information pertaining
to paragraph(g):
Section 106.705
Petition Contents
The petition shall be captioned in accordance with 35 Ill. Adm.
Code 101. Appendix A.
If the Agency is a co-petitioner,
the
petition shall so state.
The petition shall contain headings
corresponding to the informational requirements of each
subsection of this Section.
The following information shall be
contained in the petition:
*
*
*
*
*
g)
The quantitative and qualitative impact of the
petitioner’s activity on the environment if the
petitioner were to comply with the regulation of
general applicability as compared to the quantitative
and qualitative impact on the environment if the
petitioner were to comply only with the proposed
adjusted standard.
To the extent applicable,
cross—
media impacts shall be discussed.
For the purposes of
this Section, cross—media impacts shall mean impacts
which concern environmental subject areas other than
those addressed by the regulation of general
applicability and the proposed adjusted standard.
Also,
the petitioner shall compare the qualitative and
ORO-0315
2
quantitative nature of emissions,
discharges or
releases which would be expected from compliance with
the regulation of general applicability as opposed to
that which would be expected from compliance with the
proposed adjusted standard.
For the purposes of this
subsection,
the term qualitative means a narrative
description of character, and the term quantitative
means a numerically based description;
In its amended petition, Alumax states that “Petitioner has
determined that further comparison of the quantitative and
qualitative environmental impacts of Petitioner’s activity if
Petitioner were to comply with the control requirements of
Subpart TT, versus if petitioner were to comply with the adjusted
standard, would be unduly burdensome.
The purpose of a RACT
determination is to ascertain the reasonably available control
technology.”
(Am. Pet. p.14).
The Board disagrees.
This is not a RACT regulatory
proceeding.
This is an adjusted standard under Section 28.1 of
the Act, subject to the requirements of Section 28.1
(c) (3)
of
the Act and Board regulations at 35 Ill.
Adin.
Code 106.705
(g).
Both of those provisions require a comparison of the before and
after environmental impacts.
So far, Alumax has declined to
provide such a comparison.
Alumax must provide a comparison of
environmental impacts sufficient to fulfill the requirements of
Section 28.1(c) (3) and 35 Ill. Adm.
Code 106.705
(g).
Nothing in today’s order precludes Aluinax from filing any
regulatory proposal it may choose to pursue.
As an additional matter, the Board notes that Alumax has
requested an adjusted standard from 35 Ill.
Adm. Code 218.108
which provides:
Section 218.108
Exemptions,
Variations,
and
Alternative
Means
of
Control
or
Compliance
Determinations
Notwithstanding the provisions
of
any
other
Sections
of
this
Part,
any
exemptions,
variations
or
alternatives
to
the
control
requirements,
emission
limitations,
or test
methods
set
forth
in
this
Part
shall
be
effective only when approved by the Agency and
approved by the USEPA as a SIP revision.
Aluiuax did not provide an explanation or justification for an
adjusted standard for this language, nor did Alumax provide
alternative language.
The Board sought clarification of Alumax’s
01
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6
3
intent in seeking an adjusted standard from this Section.
Alumax
states,
“Alumax believes that the information requirements for a
petition for adjusted standard specified in Sections 106.705(a)-
(k)
are not applicable for Petitioner’s request for an Adjusted
standard from Section 218.108 and that the above explanation is
adequate.”
(Am. Pet. p.
18).
The Board disagrees.
The obligations imposed by Section
218.108 are separate and distinct from the other obligations.
Absent a demonstration that the statutory and regulatory
requirements for an adjusted standard are met, the Board cannot
grant an adjusted standard from that provision.
Alumax must
provide information sufficient to fulfill the requirements of
Section 28.1(c) and 35 Ill. Adm. Code 106.705 as it pertains to
relief from Section 218.108.
The Board will not proceed with this adjusted standard until
Alumax files an amended petition correcting these deficiencies.
By April 16,
1993,
Alumax shall file an amended petition or give
reasons why it needs an extension of time.
Failure to timely
file will subject this matter to dismissal.
Finally, the Board notes that Alumax has requested hearing,
but requested scheduling of that hearing be delayed.
That
decision will be delayed until disposition of the informational
deficiencies.
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
75L1~-.
day of
_________________,
1993,
by a vote of
Dorothy M. G)41,
Clerk
Illinois Po~)~ütionControl Board