ILLINOIS POLLUTION CONTROL BOARD
    February 21, 2002
     
    IN THE MATTER OF:
     
    PETITION OF AMEROCK CORPORATION,
    ROCKFORD FACILITY, FOR SITE-
    SPECIFIC RULEMAKING PETITION FOR
    AMENDMENT TO 35 ILL. ADM. CODE
    304.403
     
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    R01-15
    (Site Specific Rulemaking - Water)
    ORDER OF THE BOARD (N.J. Melas):
    Petitioner Amerock Corporation (Amerock) filed a petition for site-specific rulemaking
    in this matter on September 14, 2000. The petition was deficient in several respects. The Board
    requested that Amerock file an amended petition by November 6, 2000, or risk dismissal of its
    petition. On November 2, 2000, Amerock requested additional time to file the amended petition.
    The Board granted that request, and Amerock filed an amended petition on November 27, 2000.
     
    On January 18, 2001, the Board issued an order in which it found that Amerock’s
    amended petition was still deficient in several respects. The Board listed 21 deficiencies that
    Amerock had to address in a second amended petition. The Board set June 29, 2001, as the
    deadline for the filing of the second amended petition.
    On June 21, 2001, Amerock filed a “Motion for Extension of Time to File Second
    Amended Petition”. In that motion, Amerock stated that the Illinois Environmental Protection
    Agency (Agency) would soon be filing a regulatory proposal with the Board that would revise
    certain effluent limitations. Amerock claimed that some of the effluent limitations in the
    regulatory proposal are at issue in its petition. In addition, Amerock claimed that the upcoming
    Agency regulatory proposal might require it to generate additional information not already
    required by the Board’s January 18, 2001 order. On the other hand, Amerock claimed that the
    regulatory proposal could moot its petition. Amerock requested that the Board allow it 60 days
    to review the Agency’s regulatory proposal once it was filed. Amerock would then file a status
    report in which it would advise the Board of the time that it would need to prepare the necessary
    information in support of its site-specific rulemaking proposal, if necessary.
    The Board accepted the Agency’s regulatory proposal on December 6, 2001.
    See
    Water
    Quality Triennial Review: Amendments to 35 Ill. Adm. Code 302.208(e)-(g), 302.504(a),
    302.575(d), 303.444, 309.141(h); and Proposed 35 Ill. Adm. Code 301.267, 301.313, 301.413,
    304.120, and 309.157, R 02-11.
    On December 11, 2001, the hearing officer in this matter ordered Amerock to provide a
    status report regarding the effect of docket R 02-11 on Amerock’s petition by February 4,
    2002. Amerock has not filed the status report.
    The Board has been more than generous with Amerock in granting requests for
    extensions of time and in allowing Amerock to file amended petitions. However, in the 17
     
     
     
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    months since Amerock first filed its petition, Amerock has yet to file an amended petition that
    the Board finds satisfactory. The Board provided Amerock sufficient time to consider docket
    R02-11, but the Board has not received the status report that it ordered Amerock to submit.
    The Board therefore dismisses this docket without prejudice. Amerock may file another
    request for site-specific relief with the Board.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 21, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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