BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    December 16,
    1993
    IN THE MATTER OF:
    )
    PETITION OF
    KEYSTONE STEEL
    AND
    )
    AS 93-7
    WIRE COMPANY FOR ADJUSTED
    )
    (RCRA Delisting
    STANDARD FROM 35 ILL. ADN.
    )
    Adjusted Standard)
    CODE 721.132
    )
    ORDER OF THE
    BOARD
    (by E. Dunham II):
    On December 2,
    1993,
    the Board adopted an order in this
    matter granting petitioner
    Keystone Steel and Wire Company
    (Keystone) until December 6,
    1993,
    to file a reply to the
    Environmental Protection Agency’s (Agency) response to Keystone’s
    petition for an adjusted standard.
    The Board also observed that
    the RCRA adjusted standard procedural rules
    (at 35 Ill.
    Adm. Code
    106.415)
    require this matter proceed to hearing, and accordingly
    authorized the matter for hearing.
    On December
    6,
    1993, Keystone filed its “Reply to the
    Illinois Environmental Protection Agency Response to Petition for
    RCRA
    Adjusted Standard”
    (reply).
    The reply was accompanied by
    the “Second Amendment to Keystone’s RCRA Delisting Adjusted
    Standard Petition”.
    In the reply, Keystone states that it is in “general
    agreement with the,
    revisions to the proposed adjusted standard
    as set forth in Illinois EPA’s response and incorporates these
    changes in the attached Second Amendment to Keystone’s RCRA
    Delisting Adjusted Standard Petition...with minor additional
    changes.”
    It further withdraws its request for a hearing in this
    matter and requests the Board to waive the hearing under the
    authority of Section 28.1 of the Act (415 ILCS 5/28.1), citing ~fl
    the matter of: The Petition of Cabot Corp.
    for an Adlusted
    Standard, AS 91—10.,
    fn.
    1, March 26,
    1992.
    In support of its
    request, Keystone suggests that “there is little need for a
    hearing...since both the Illinois EPA and Keystone support the
    delisting petition and Illinois EPA counsel informally has
    advised Keystone’s counsel, that it would support withdrawal of
    the hearing request”.
    Finally, Keystone notes that it is
    attempting to expeditiously comply with a Consent Order timetable
    f
    or site remediation which includes delisting of the K062-listed
    wastes.
    The Board will construe Keystone’s request as a motion for
    waiver of hearing.
    Consistent with its prior action in Cabot,
    and since no request for hearing has been received from the
    Agency or any other person, the Board will grant Keystone’s
    request for waiver of hearing and will rescind its December
    2,
    1993 order to the extent that it authorized this matter for
    hearing.
    2
    Pursuant to 35 Ill. Adm. Code 106.715,
    the Agency has 30
    days from the filing of an amended petition in which to amend its
    response;
    in this case, the Agency thus has until January
    6,
    1994, to react to Keystone’s second amendment of the petition.
    The Board reserves authority to order a hearing in this matter
    if
    the Agency or any other person responds to the petition as
    amended, or requests a 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 (~(_~-~~Ay
    ,
    1993,
    by a vote
    of
    7—0
    Illinois
    Control Board

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