ILLINOIS POLLUTION CONTROL BOARfl
    September
    7,
    1995
    IN THE MATTER OF:
    )
    PETITION OF TOMMY HOUSE TIRE
    )
    AS 95-1
    FOR AN ADJUSTED STANDARD FROM
    )
    (Adjusted Standard
    -
    Land)
    35 ILL.
    ADM.
    CODE 848.202
    )
    ORDER OF THE BOARD
    (by N. McFawn):
    This matter is before the Board on an amended petition for
    adjusted standard filed by Tommy House Tire (Tommy House) on May
    8,
    1995.
    Tommy House seeks an adjusted standard from the Board’s
    regulations at 35 Iii. Adm. Code 848.202,
    as they apply to its
    tire retreading facility located at 304
    E. Main Street, Decatur,
    Illinois.
    Specifically, Tommy House is requesting an adjusted
    standard from the tire and building separation requirements of 35
    Ill.
    Adm. Code 842 .202(b) (2), and the 14-day storage limitation
    for u~d ~n1
    wast~
    tires at 35 Ill.
    Acbn.
    Code 842.202(b) (5).
    Tommy House filed its original petition for adjusted
    standard on January
    9,
    1995.
    The Agency filed its response to
    the petition on February 10,
    1995.
    In its response, the Agency
    noted several deficiencies in the petition, but recommended that
    the adjusted standard be granted, subject to certain conditions.
    Tommy House filed a reply to the Agency response on February 23,
    1995,
    in which Tommy House responded to several of the concerns
    raised by the Agency.
    on March
    9,
    1995, the Board issued an order finding the
    petition deficient,
    and directing Tommy House to file an amended
    petition on or before April
    10,
    1995.
    On April
    12,
    1995, Tommy
    House filed a motion for clarification of the Board’s order, and
    requested an extension of time to file an amended petition.
    By
    order dated April
    20,
    1995, the Board granted the motion for
    clarification, and granted ~ommy House an extension until May 10,
    1995 to file its amended petition.
    Tommy House filed an amended
    petition on May
    8,
    1995,
    which the Board accepted at its May 10,
    1995 meeting.
    The Agency has not filed an additional response to
    the amended petition.
    In our order of March
    9,
    1995 which found Tommy House’s
    initial petition deficient the Board directed Tommy House to file
    an amended petition,
    including a copy of the proposed alternative
    management plan it intended to submit to the Agency.
    In
    response, Tommy House submitted the contingency plan for its
    site, required pursuant to Section 848.202 of the regulations,
    not the Alternative Management Plan requested by the Board.
    (Exh.
    D.)
    The contingency plen only addresses the
    storage
    arrangements
    for tires stored within buildings;
    it does not address storage
    arrangements for tires stored outside, which are precisely the
    tires for which Tommy House seeks the adjusted standard.
    2
    Additionally, the contingency plan does not address the
    additional measures that will be taken in order to address the
    increased risks posed by Tommy House’s failure to comply with the
    regulations of general applicability.
    Thus,
    substantial
    questions remain regarding the propriety of the proposed adjusted
    standard.
    Therefore, while Tommy House has waived hearing in
    this matter, we find that a hearing is necessary to address these
    issues, and direct that this matter be set for hearing.
    At hearing, petitioner should be prepared to answer
    questions concerning topics including,
    but not limited to: the
    maximum number of tires that will be stored at the site;
    the
    maximum number of tires that will be stored outside; the number
    of tires processed at the site; the number of employees at the
    site; the location of each tire pile; the distance that will be
    maintained between each tire pile and the nearest building; the
    dimensions of the uncovered areas currently used to store tires;
    the fire control measures implemented in buildings near outside
    tire
    storage areas;
    the length of time that rejected tires are
    stored outside before being shipped off-site; and the frequency
    of emptying or replacement of the rejected tire storage trailer.
    Additionally, petitioner should be able to answer questions
    concerning other aspects of its petition.
    The hearing must be scheduled and completed in a timely
    manner, consistent with Board practices and 35 Ill. Adm. Code
    Part 101 and Part 106, Subpart
    G.
    A hearing officer will be
    assigned to conduct hearings.
    The Clerk of the Board shall
    promptly issue appropriate directions to the assigned hearing
    officer consistent with this order.
    The assigned hearing officer shall
    inform the Clerk of the
    Board of the time and location of the hearing at least 40 days in
    advance of hearing so that public notice of hearing may be
    published.
    After hearing, the hearing officer shall submit an
    exhibit list,
    a statement regarding credibility ot witnesses and
    all actual exhibits to the Board within five days of the hearing.
    Any briefing schedule shall provide
    for final filings as
    expeditiously as possible.
    If after appropriate consultation with the parties, the
    parties fail to provide an acceptable hearing date or if after an
    attempt the hearing officer is unable to consult with the
    parties, the hearing officer shall unilaterally set a hearing
    date in conformance with the schedule above.
    The hearing officer
    and the parties are encouraged to expedite this proceeding as
    much as possible.
    IT IS SO ORDERED.
    3
    I, Dorothy M.
    Gurin, Clerk of the Illinois Pollution Control
    Boa~, hereby certi/y that the above order was adopted on the
    (~i~—’
    day of
    4~,~2~&)
    ,
    1995,
    by a vote of
    7-
    C’
    Dorothy N. ,~inn, Clerk
    Illinois P~6lution Control Board

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