ILLINOIS POLLUTION
    CONTROL
    BOARD
    September
    9,
    1993
    IN THE MATTER OF:
    PETITION OF AXZO CHEMICALS INC.
    )
    AS 93-8
    FOR ADJUSTED STANDARD FROM
    )
    (Adjusted Standard)
    35 ILL.
    ADM. CODE 304.105
    )
    AND
    302.208
    )
    ORDER OF THE
    BOARD
    (by B.
    Forcade):
    On August 20,
    1993,
    AKZO
    Chemicals Inc.
    (AXZO)
    filed a
    petition for an adjusted standard.
    AXZO is requesting an
    adjusted standard for its Morris,
    Illinois facility.
    The
    petition seeks
    an adjusted standard from 35
    Ill. Adm.
    Code
    304.105 as it applies to the water quality standards for
    discharges of total dissolved solids,
    chloride, sulfate and
    boron.
    AKZO
    is also seeking an adjusted standard from 35
    Ill.
    Adm. Code 302.208 for the same constituents.
    Section 28.1(c)
    of the Environmental Protection Act
    (Act) (415 ILCS 5/28.1(c) (1992)) requires a petitioner for an
    adjusted standard to prove that:
    1.
    factors relating to that petitioner are substantially
    and significantly different from the factors relied
    upon by the Board in adopting the general regulation
    applicable to that petitioner;
    2.
    the existence of those factors justifies an adjusted
    standard;
    3.
    the requested standard will not result in environmental
    or health effects substantially and significantly more
    adverse than the effects considered by the Board
    in
    adopting the rule of general applicability; and
    4.
    the adjusted standard is consistent with any applicable
    federal
    law.
    In addition,
    35
    Ill. Adm.
    Code 106.705 requires the petitioner to
    provide certain information in the petition to the Board.
    While the petitioner has provided the information required
    by 35 Ill.
    AdTn.
    Code
    106.705, the Board finds that the petition
    does not contain sufficient information to comply with the
    requirements of Section
    28.1(c)
    of the Act.
    Therefore,
    the Board
    finds that the petition filed by AXZO
    is insufficient for Board
    consideration and directs AXZO to file an amended petition in
    accordance with the requirements of Section 28.1(c)
    of the Act.
    The Board also notes that Attachment
    7 of the petition
    is
    incomplete
    in that pages are missing.
    Alternate pages are

    2
    missing from the study on “Acute Toxicity of Chlorides, Sulfates
    and Total Dissolved Solids to Some Fishes
    in Illinois”.
    Attachment
    7 also includes two copies of a report entitled
    “Ambient Aquatic Life Water Quality Criteria for Chloride” but
    pages are missing from both copies.
    AEZO should review its
    petition to assure that all necessary pages of reports and
    studies have been provided in the attachments.
    AXZO should
    include a complete copy of the attachments
    in its amended
    petition.
    If AKZO does not
    file an amended petition, addressing the
    above issues, on or before November 12,
    1993, this matter may be
    subject to dismissal.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    BoardA hereby certify
    t~’at
    the above order was adopted on the
    _________
    day of
    _______________,
    1993, by a vote of
    ______
    4/
    ~
    ~
    ~borothy N. G~nn,Clerk
    Illinois P97tLution
    Control Board

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