ILLINOIS POLLUTION CONTROL BOARD
    November 7, 1996
    IN MATTER OF:
    PETITION OF THE LOUIS BERKMAN
    COMPANY, d/b/a THE SWENSON
    SPREADER COMPANY FOR AN
    ADJUSTED STANDARD FROM 35 ILL.
    ADM. CODE 215, SUBPART F
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    AS 97-5
    (Adjusted Standard - Air)
    ORDER OF THE BOARD (by K.M. Hennessey):
    On October 10, 1996 the Louis Berkman Company, d/b/a the Swenson Spreader
    Company (petitioner) filed a petition for an adjusted standard from 35 Ill. Adm. Code 215,
    Subpart F for its plant in Lindenwood, Ogle County, Illinois. Petitioner seeks an adjusted
    standard from 35 Ill. Adm. Code 215.204(j)(2) or in the alternative a site-specific rule. Along
    with the petition, petitioner filed a motion for relief from the requirement of 35 Ill. Adm. Code
    102.121(h) that a site-specific rulemaking be accompanied by 200 signatures. On November
    6, 1996, petitioner filed a certificate of publication of the petition.
    Initially, the Board observes that petitioner may not seek a site-specific rule as an
    alternative in a petition for an adjusted standard. These two avenues of relief employ very
    different procedures and if petitioner wishes to pursue a site-specific rule from the Board, it
    must do so through a separate petition. The Board will consider the petition only as a petition
    for an adjusted standard. Petitioner’s motion for relief from the filing requirements for a site-
    specific rule is therefore moot.
    .
    Section 28.1(c) of the Environmental Protection Act (Act)(415 ILCS 5/28.1(c) (1994))
    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 specifies the information on these and other factors
    that must be included in the petition to the Board, under headings that correspond to that
    section.
    2
    The petition does not contain headings that correspond to 35 Ill. Adm. Code 106.705.
    The petition also does not provide the information required by 35 Ill. Adm. Code 106.705 and
    Section 28.1(c). Particularly, the petition does not provide all of the information required by
    35 Ill. Adm. Code 106.705(c), (d) and (h) - (l). For example, while the petition does state the
    number of employees at the facility as required by Section 106.705(d), it fails to provide a
    complete description of petitioner’s activities. Petitioner must provide such information for
    further consideration or explain precisely why such information cannot be provided, as
    required by 35 Ill. Adm. Code 106.705(c).
    If petitioner does not file an amended petition, addressing the above issues, on or
    before December 27, 1996, this matter may be subject to dismissal.
    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 ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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