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