ILLINOIS POLLUTION CONTROL BOARD
March
9,
1995
IN THE MATTER OF:
)
CO-PETITION OF SOLAR
)
AS 94-2
CORPORATION AND THE ILLINOIS
)
(Adjusted Standard
-
Air)
ENVIRONMENTAL PROTECTION
)
AGENCY
FOR
AN
ADJUSTED
)
STANDARD
FROM
35 ILL.
ADM.
)
CODE
218
SUBPART
PP
)
ORDER OF THE BOARD
(by M. McFawn):
This matter is before the Board on several motions:
a
February 17,
1995 motion to modify proposed adjusted standard
language filed by Solar Corporation
(Solar),
a February 22,
1995
motion for extension of time with supporting affidavit filed by
the Illinois Environmental Protection Agency
(Agency), and a
joint motion for co-petitioner status filed February 28,
1995 on
behalf of both Solar and the Agency.
In support of its motion to modify proposed adjusted
standard language, Solar states that one of the adhesives for
which Solar sought adjusted standard relief,
Imperial Whisper
Spray,
contains as its solvent methylene chloride, which
is
excluded from the definition of VOM.
On the belief that it does
not need adjusted standard relief for its use of Imperial Whisper
Spray,
Solar seeks to amend the language of its petition for an
adjusted standard, deleting the previous references to Imperial
Whisper Spray or “specialty adhesive.”
Solar notes that it still
seeks adjusted standard relief for its other adhesive, and
“reserves” the right to seek further additional adjusted standard
relief if it becomes necessary to reformulate the Imperial
Whisper Spray to address either hazardous air pollutant standards
or Occupational Health and Safety Administration issues.
This motion of February 17,
1995
is moot because the Board
is granting the parties’ motion for co—petitioner status and
accepting the amended proposed adjusted standard language
attached thereto.
In its motion for extension of time, the Agency seeks an
extension until February 28,
1995 to file its response to Solar’s
adjusted standard petition.
The Board previously granted the
Agency an extension until February 22,
1995 to file its response.
In support of the requested extension, the Agency states that,
due to petitioner’s filing of its motion to modify, the Agency
needs the requested extension to adequately prepare its response.
The Agency’s motion is granted,
and the joint motion for co-
petitioner status
is accepted as a timely filing in lieu of an
Agency recommendation.
2
Finally,
in the joint motion for co-petitioner status, the
parties state that the Agency supports Solar’s amended petition
for an adjusted standard filed on January
3,
1995, with the
amendments proposed by Solar on February 17,
1995, with certain
additional amendments,
and subject to certain provisos.
The
additional amendments would delete from Section 218.992(c)
certain language proposed by Solar
in its January
3,
1995 amended
petition.
This language referenced an equation in Section
218.206
for calculating emissions limitations.
The provisos are as follows:
1)
Solar agrees to present
further evidence at hearing regarding the testing and use of
water—based solvents;
2)
Solar agrees to present evidence of cost
of annual retooling expenses for sonic welding; and 3) the Agency
does not support Solar’s request for leave to file an adjusted
standard
in the future
if it becomes necessary to reformulate the
Imperial Whisper Spray; the Agency asserts that a variance would
be the appropriate avenue for relief.1
The Board hereby grants Solar and the Agency joint
petitioner status
in this matter, and accepts the amended
proposed language for adjusted standard contained in the February
28,
1995 joint motion.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certif
that the above order was adopted on the.
~
day of
_______________
1995,
by a vote of
_______
(
~
~
Dorothy N.
G,4~in, Clerk
Illinois Po~,lutionControl Board
Any determination as to the appropriate relief to be
granted in such a situation would be purely speculative, and the
Board therefore declines to address this issue.