ILLINOIS. POLLUTION CONTROL
    BOARD
    February 3, 1994
    VALERIE JOHNSON, MICHAEL BRENSTON,
    )
    CHERYL JOHNSON, PEOPLE FOR
    )
    COMMUNITY RECOVERY, INC.,
    )
    )
    Petitioners,
    )
    PCB 93-247
    (Enforcement)
    v.
    EMERGENCY PREPAREDNESS &
    )
    DISASTER SERVICES, CHICAGO FIRE
    )
    DEPARTMENT, AND CITY OF CHICAGO,
    )
    A MUNICIPAL CORPORATION.
    )
    Respondents.
    ORDER OF THE BOARD (by M. McFawn):
    On December 2, 1993, petitioners filed this petition for
    hearing before the Board. Petitioners seek to compel respondents
    to respond to their request for information, which information
    petitioners alleged should have been made available to them by
    respondents pursuant to the Emergency Planning and Community
    Rights To Know Act, 42 U.S.C. 11001
    —
    11050 (“EPCRTKA”), most
    specifically Section 311, 312, 313 and 324 of EPCRTKA (42 U.S.C.
    SS11021, 11022, 11023, and 11044)
    .
    In seeking a hearing before
    the Board, petitioners cited Sections 25b-1(a) (2) and (b)
    2(a)(5),(citations corrected), and 5(d) of the Illinois
    Environmental Protection Act (415 ILCS 5/1 et seq.) (“Act”).
    On December 20, 1993, two of the three named respondents,
    the City of Chicago and the Chicago Fire Department
    (“Respondents”), moved to dismiss the petition for lack of
    subject matter jurisdiction. On December 28, 1993, petitioners
    filed their response to that motion, and respondents filed their
    reply on January 5, 1994.
    Petitioners argue that the Board has the authority to hear
    this case pursuant to Section 5(e) of the Act (sic), which
    provides in pertinent part:
    The Board shall have authority to conduct
    hearings upon complaints charging violations
    of the Act.
    .
    Emphasis added. 415 ILCA
    5/5(d); (correct citation.)
    2
    In general, petitioners alleges that the Local Emergency
    Planning Committee (“LEPC”)’ is in violation of the Act for
    failing to provide them with the information required to be filed
    under EPCRXTA by seven industrial facilities located in Chicago,
    Illinois, i.e.,. the Material Safety Data Sheets, Tier I and Tier
    II and follow-up written Emergency Notices. Respondents move to
    dismiss on the grounds that the Board lacks jurisdiction because
    Title VI-B of the Act does not fully incorporate EPCRTKA, and
    “does not even mention the LEPC much less require an affirmative
    action by LEPC.” (Respondents’ Reply of January 5, 1994.)
    The Board agrees with respondents. The federal requirements
    of EPCRTKA are not fully incorporated into the Act. Title VI-B
    of the Act only addresses toxic chemical reporting, and in that
    regard mandates only that the Agency act as the repository for
    the Toxic Chemical Reporting forms required pursuant to Section
    313 of EPCRTKA and to make those forms available to the public.
    The Agency also has additional obligations concerning toxic
    chemical information, but the federal requirements that
    facilities submit chemical information under Section 311 and 312
    of EPCRTKA and the corresponding mandates to federal and local
    authorities are not incorporated by reference or otherwise into
    the Act. Therefore, the Board lacks jurisdiction to compel these
    respondents to provide the information sought by petitioners.
    Respondents’ motion is granted. This matter is hereby
    dismissed for lack of jurisdiction.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order. The Rules of the
    Supreme Court of Illinois establish filing requirements. (See
    also 35 Ill. Adin. Code 101.246, Motion for Reconsideration.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boar~ hereby certi that the above order was adopted on the
    ~3’~
    day of
    C
    ,
    1994, by a vote of~
    7 ~
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    “~T’K ~‘ ~
    •
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    Dorothy M. G,~1nn, Clerk
    Illinois PoLlution Control Board
    11n this case, the LEPC is the Emergency Preparedness &
    Disaster Services, which according to respondents’ Motion is
    chaired by the City of Chicago Fire Department, but is autonomous
    from the City of Chicago or the Chicago Fire Department.

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