ILLINOIS POLLUTION CONTROL
BOARD
August
31, 1989
IN THE MATTER OF:
)
ELIZABETH STREET FOUNDRY,
INC.
)
AS 89-2
an Illinois corporation,
(35 Ill. Adm. Code
212)
)
Petitioner.
ORDER OF THE BOARD
(by J. Anderson):
On August
15,
1989 the Illinois Environmental Protection
Agency
(Agency) filed
a Motion
to Dismiss the petition
for
adjusted standard filed by Elizabeth Street Foundry,
Inc.
(petitioner) on June 30,
1989.
The petitioner
filed a response
on August 28,
1989.
Essentially, the Agency objects to the petition because the
petitioner’s proposed adjusted standard,
as set forth on page
6
of the petition, appears
to request that the regulation of
general applicability
(35 Ill. Adm
Code 212.456)
be altered in a
general manner, not specifically
to the petitioner’s own
operation.
The Agency concludes,
therefore,
that the
petitioner’s request should be treated as a proposal for
rulemaking, not an adjusted standard.
The Agency correctly states that the applicability of an
adjusted standard
is limited to the petitioner who has justified
the standard in accordance with Section 28.1 of the Environmental
Protection Act.
Additionally, an adjusted standard
is set forth
by Board Order and does not expressly amend or alter the
regulation of general applicability.
The petition’s proposed language for the adjusted standard
appears
in the form of
a regulatory amendment.
While this
is not
the appropriate format,
the relief sought by the petition is
apparent
from the full context
of the petition.
The petitioner
and the Board have construed the June
30,
1989 filing as an
adjusted standard.
As the result,
the Board may only grant
relief as allowed by Section 28.1 of the Act.
The Board notes
that this adjusted standard petition was filed prior to the
effective date of the Board’s
nec~.adjusted standard procedural
rules
(35
Ill.
Adm. Code 106.Subpart
G,
effective on July 10,
1989).
However,
increased scrutiny of petitions with respect
to
the requirements of those
rules can certainly be expected in the
future.
Since
the proposed adjusted standard concerns
a request
for
an alternative air standard,
the Board
finds
that
a hearing would
be advisable.
Such a standard could be the subject of a SIP
revision
in which case a hearing
is required
in order
to comport
102—287
2
with federal law.
At hearing, the petitioner shall present
proposed language for a Board Order which would impose
the
requested adjusted standard and which would be consistent with
the limitations and requirements of Section 28.1 of the Act.
For the above reasons,
the Agency’s motion is denied.
The Board notes that on August
25,
1989 the petitioner filed
an Amendment to its petition in response to
the Board’s Order
of
July 13, 1989 which had requested the petitioner
to explain how
it intended to justify the proposed adjusted standard.
This
matter shall proceed to hearing.
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
~
day of
_______________
,
1989,
by a vote
of
______________
~
Dorothy M. ~tinn,Clerk
Illinois Pollution Control Board
102—288