ILLINOIS POLLUTION CONTROL BOARD
December 4, 1997
IN THE MATTER OF:
PETITION OF W.R. GRACE & COMPANY
- CONNECTICUT , AND THE ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY FOR SITE-SPECIFIC AIR
REGULATION: 35 ILL. ADM. CODE
218.940(h)
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R98-16
(Rulemaking - Air)
ORDER OF THE BOARD (by J. Yi):
On November 19, 1997, W.R. Grace & Company - Connecticut (Grace) and the
Illinois Environmental Protection Agency (Agency) filed a joint proposal for site-specific
rulemaking. Grace operates a factory located at 6050 West 51st Street, Chicago, Cook
County, Illinois (Facility). The facility manufactures sealants, lubricant fluids, and concrete
additives. Grace operates this facility pursuant to air operating permit number 031821ABD,
issued by the Agency on September 27, 1995. The Board granted Grace a variance in 1995;
see W.R. Grace & Co. - Conn. v. IEPA (March 16, 1985), PCB 94-328. On February 6,
1997, the Board extended that part of the variance regarding emission control requirements
under 35 Ill. Adm. Code 218, Subpart QQ, until May 15, 1998. W.R. Grace & Co. - Conn.
v. IEPA (February 6, 1997), PCB 96-193. The instant petition proposes a site-specific air
regulation for the facility be added to Subpart QQ of 35 Ill. Adm. Code 218 at Section
218.940(h). The petition meets the information requirements of 35 Ill. Adm. Code 102.121
and 102.141 and is accepted for hearing.
The proponents filed a motion for expedited review with the petition. The motion
requests that the Board schedule a hearing in this matter to occur during the week of January
5, 1998. The motion also requests that the Board send this proposed rulemaking to first
notice, without reaching a decision on the merits, at its December 4, 1997, meeting. The
parties note that this rulemaking will not be effective until adopted by the Secretary of State,
and that the variance will expire on May 15, 1998. The parties correctly recite the time
requirements inherent in the rulemaking process, and state that witness availability and
scheduling issues exist because of the upcoming holidays.
The Board grants the motion for expedited review in part. A hearing is currently being
scheduled for the week of January 5, 1998. Details concerning the date, time, and place will
be provided in a notice of hearing when finalized. The Board will not, however, issue a first
notice order today, but will consider doing so at its meeting on December 18, 1997; this will
give the Board time to gain familiarity with the issues raised in the petition.
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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 4th day of December 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board