ILLINOIS POLLUTION CONTROL BOARD
    March
    9,
    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 M. McFawn):
    On January
    9,
    1995,
    Tommy House Tire Company,
    Inc.
    (Tommy
    House)
    filed a petition for adjusted standard regarding its tire
    retreading facility, located at 304
    E. Main Street, Decatur,
    Illinois.
    Tommy House
    is requesting an adjusted standard
    from the tire and building separation requirements of 35 Iii.
    Adm.
    Code 842.202(b) (2)
    and the 14-day storage limitation for
    used and waste tires at 35 Iii. Adm. Code 842.202(b) (5).
    The
    Board received the required notice of publication on February 1,
    1995.
    The Agency response to the petition for adjusted standard
    was filed on February
    10,
    1995.
    Additionally, Tommy House filed
    a reply to the Agency Response on February 23,
    1995.’
    The Board finds that Tommy House’s petition,
    as presently
    before us, does not yet meet the requirements of 35
    Ill.
    Adm.
    Code 106 and Section 28.1 of the Act
    (415 ILCS 5/28.1
    (1992).)
    In particular,
    the petition does not meet the requirements of 35
    Ill.
    Adm. Code 106.705(e),
    which requires that a petition for
    adjusted standard include:
    A description of the efforts which would be necessary if the
    petitioner were to comply with the regulation of general
    applicability.
    All compliance alternatives, with the
    corresponding costs for each alternative, shall be
    discussed.
    The discussion of costs shall include the
    overall capital costs as well as the annualized capital and
    operating costs.
    Tommy House fails to provide this information for either the
    tire and building separation requirements or the 14—day storage
    requirements.
    While Tommy House asserts in its reply that the
    information required by Section 106.705(e)
    is addressed in
    Section
    F of the petition, the Board finds this discussion
    1
    Pursuant to Section 102.241(c)
    of the Board’s procedural
    rules,
    parties do not have the right to file a reply without
    leave of the Board.
    (35 Ill. Adm. Code 102.241(c).)
    Petitioner
    did not file a request for leave to file a reply;
    in the
    interests of judicial economy, however,
    the Board will accept
    petitioner’s reply.
    2
    insufficient.
    The petition for adjusted standard does not
    describe the efforts which would be necessary to achieve
    compliance, and does not describe all available compliance
    alternatives or provide corresponding cost information.
    The
    petition is therefore deficient.
    Furthermore,
    the petition does not satisfy the requirements
    of 35 Ill.
    Adm. Code 106.705(f), which requires the petitioner to
    provide a narrative description of the proposed adjusted
    standard,
    as well as proposed language for a Board order.
    Petitioner has not explained what standard it seeks
    in lieu of
    Section 848.202(b)(2).
    Therefore, petitioner is directed to do
    so and also to submit for the Board’s review the program plan it
    anticipates developing to satisfy the Alternative Management
    Standards set forth at Section 848.206(a) (3) and
    (c) (3).
    This
    program plan should include proposed requirements for
    petitioner’s site,
    including,
    but not limited to, tire storage
    arrangements, aisle space,
    access to fire fighting personnel and
    equipment,
    and mosquito inspection and control.
    Finally,
    as the Agency observed in its recommendation,
    a
    single reference to
    35 Ill Adm. Code 848.201(b) (1)
    on page one of
    the petition created an ambiguity as to whether petitioner is
    seeking an adjusted standard from that section or Section
    848.202(b) (1).
    In its reply, Tommy House cures that ambiguity by
    clarifying that the relief sought is from Section 848.202(b) (1),
    not Section 848.201(b) (1).
    The Board directs petitioner to file an amended petition on
    or before April
    10,
    1995, curing the identified deficiencies in
    the petition.
    Failure to file an amended petition by this date
    will subject this matter to dismissal.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Boa~d,hereby certif
    that the above order was adopted on the
    /‘~-‘
    day of
    __________________,
    1995,
    by a vote of
    ~
    C
    Dorothy M.
    G,xtpn, Clerk
    Illinois Po&Zution Control Board

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