ILLINOIS POLLUTION CONTROL BOARD

March

3,

1994

IN THE MATTER OF:

)

)

PETITION OF SOLAR CORPORATION

)

FOR AN ADJUSTED STANDARD FROM

)

35

ILL.

ADM.

CODE 218 SUBPART PP

)

AS 94-2

)

(Adjusted Standard)

ORDER OF THE BOARD

(By C.A. Manning):

On

February

14,

1994,

Solar

Corporation

(Solar)

filed

a

petition for adjusted standard regarding its facility, located in

Lake County,

Illinois.

Solar is requesting an adjusted standard

from the

35 Iii.

Adm.

Code 218 Subpart PP as

it applies to the

emissions of Volatile Organic Materials

(VOM)

from its facility.

The Board received the required notice of publication on February

25,

1994.’

The Board finds that Solar’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).)

Specifically the

petition does not address Section 28.1(c) of the Act which requires

a petitioner for an adjusted standard to provide information as to

why 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.

In addition, 35 Ill. Adm. Code 106.705 requires the petitioner

to provide certain information in the petition to the Board.

The

Board finds that the petition as filed lacks sufficient information

concerning the environmental impacts of the adjusted standard as

compared to compliance with the general rule of applicability and

information concerning alternative control methods.

In particular the petition does not meet the requirements of

35 111.

Adin.

Code 106.705(e)

which requires a description of the

compliance

alternatives

with

the

corresponding

costs

for

each

alternative.

Solar’s petition discusses four alternatives but only

provides

the

corresponding

costs

for

one

alternative.

Additionally,

35

Ill.

Adm.

Code 106.705(f)

requires a narrative

description of the proposed adjusted standard as well as proposed

language

for

a

Board

order

which

would

impose

the

standard.

Efforts

necessary

to

achieve

this

proposed

standard

and

the

Section 28.1 of the Environmental Protection Act

(Act) requires

petitioners to file, within 14 days of the filing the

petition

for adjusted

standard, proof of publication of the notice that petitioner has filed with

the Board a petition seeking an adjusted standard.

(415

ILCS 5/28.1(1)

(1992).)

---

2

corresponding

costs

should

also be

presented.

Solar

provides

adjusted standard language, but does not address what Solar will do

to achieve the adjusted standard.

Finally,

35

Ill.

Adm.

Code

106.705(g)

requires

the

quantitative and qualitative impact of the petitioner’s activity on

the

environment

if

the

petitioner

were

to

comply

with

the

regulation of general applicability as compared to the quantitative

and qualitative impact on the environment if the petitioner were to

comply only with the proposed adjusted standard.

Solar states in

its petition that based on historical data that the VOM emissions

allowed

pursuant

to

the

proposed

adjusted

standard

will

have

little,

if

any,

adverse environmental

impact.

Solar

does

not

provide this historical data or any references to such data.

Solar

is

directed

to

describe

the

qualitative

and

quantitative

differences

in

environmental

impact

between

compliance

under

proposed adjusted standard instead of 35 Ill. Ada. Code 218 Subpart

PP in terms of

(1)

air emissions,

(2)

general air quality impact

(3)

Solar’s contribution to ozone

precursor inventory and

VOM

inventory in the non-attainment area,

(4)

solid waste generation

(5) energy consumption, and

(6)

other qualitative impacts.

Such

description should be supported by the relevant data.

The Board at this time accepts Solar’s petition for adjusted

standard relief, but directs petitioner to file an amended petition

on or before April 15, 1994, addressing the above issues.

Failure

to file an amended petition by this date will subject this matter

to dismissal.

Solar has requested a hearing in this matter and

upon its filing of an amended petition which provides the further

requested information this matter will be set for hearing.

On

February

28,

1994,

the Agency

filed

a

motion

for

an

extension of time until April 29, 1994, to file its response to the

adjusted standard petition.

The Agency states that the petitioner

does not object to the requested extension of time.

The Board

denies the Agency’s motion as being unnecessary at this time since

the Agency need not respond until thirty (30) days after the filing

of the amended petition which is the subject of this order.

IT IS SO

ORDERED.

I,

Dorothy

M.

Gunn,

Clerk

of

the

Illinois Pollution

Contro~.Bpard, hereby certify that the above order was adopted on

the

i

~‘-‘~“

day of

7))

~

,

1994, by a vote of

~

~.

Dorothy H. ,4unn, Clerk

Illinois Po~t1utionControl Board