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.

    Back to top