ILLINOIS POLLUTION CONTROL BOARD
    April
    12,
    1990
    IN THE MATTER OF:
    PETITION OF SHELL OIL COMPANY
    FOR ADJUSTED STANDARD FROM
    35
    ILL. ADM. CODE 302.102,
    )
    AS 90—2
    302.208, 302.210, AND SUBPART
    F,
    )
    (Adjusted Standard)
    PROCEDURES FOR DETERMINING
    WATER QUALITY CRITERIA
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C. Flemal):
    This matter comes before the Board upon a motion
    to dismiss
    Petitioner’s adjusted standard petition filed March
    26, 1990
    by
    the Illinois Environmental Protection Agency
    (“Agency”).
    On
    April
    2,
    1990, Petitioner
    filed
    its reply requesting that the
    Agency’s motion be denied.
    On March
    5,
    1990 Petitioner filed
    a petition for adjusted
    standard with the Board for relief from Board regulations
    governing mixing zones; numeric standards
    for cyanide, copper and
    fluoride; and narrative standards and whole effluent toxicity
    standards,
    as those rules were amended
    in
    the Board
    in the Toxics
    Control Regulatory Proceeding,
    R88—2l(A)
    (January 25,
    1990,
    effective February 13, 1990).
    In addition,
    Petitioner also seeks
    and adjusted standard for Section 302.211
    (temperature) and
    Section 302.212
    (ammonia nitrogen).
    In its motion,
    the Agency requests the Board dismiss this
    petition because the petition fails to comply with the
    requirements for petition contents
    in Board procedural
    rule
    106.705.
    In support of
    its motion,
    the Agency discusses several
    areas
    in which
    it believes the petition contains insufficient
    information.
    Petitioner challenges
    the Agency’s contentions,
    stating
    that
    its petition meets
    the procedural
    rules’ requirments for petition
    contents,
    pointing
    to information contained
    in the petition.
    Petitioner submits
    that even should the Board believe that more
    information
    is required, Petitioner requests that
    the Board
    issue
    an order
    seeking more information rather than dismissal,
    consistent with Section 106.705.
    Upon review of the alleged deficiencies and response by
    Petitioner,
    the Board finds
    that
    the Agency’s concerns mainly
    involve matters which are best resolved during the course of this
    proceeding.
    The Board notes
    that several other petitions for
    variance,
    as well
    as petitions for adjusted standards,
    have been
    110—93
    —2—
    filed seeking relief from the R88-21A water
    toxics rules.
    (PCB
    90—27,
    PCB 90—28, PCB 90—29,
    PCB 90—30,
    AS 90—3,
    AS 90—4,
    AS 90—
    5.)
    The Agency has requested dismissal due
    to asserted
    informational deficiencies
    in each case,
    save for AS9O—5)
    Given
    the nature of the water toxics amendments and the fact that there
    is no previously established benchmark
    for judging
    the
    sufficiency of
    a petition in this arena,
    the Board
    is not
    prepared at this time to dismiss
    this petition as deficient.
    However, since Petitioner bears the burden of proof,
    it
    is
    obvious that
    to the extent additional information
    is necessary
    for such proof,
    such
    information should
    be submitted during
    the
    course of the proceeding
    and
    in advance of hearing.
    The Agency’s motion to dismiss
    is accordingly denied.
    Lastly,
    the Board notes
    that pursuant to procedural
    rule
    106.711, petitioners are required
    to cause the publication of
    notice of
    a petition for adjusted standard within
    14 days after
    filing,
    and pursuant
    to 106.712, petitioners must
    file proof of
    notice publication within
    30 days after filing.
    No publication
    proof has been filed for this petition.
    Given the Agency’s
    motion to dismiss,
    it may be that Petitioner was awaiting a Board
    ruling prior
    to publishing notice.
    Therefore,
    on its own motion,
    the Board extends
    the time for filing proof of notice publication
    for
    30 days of the date of this Order.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify tha~the above Order
    was
    adopted
    on
    the
    ‘A~’~
    day of
    __________________
    ,
    1990,
    by a vote
    of
    _______.
    ~3,
    ~
    Dorothy M. ~Cunn, Clerk
    Illinois p~ollutionControl Board
    110—.
    4

    Back to top