ILLINOIS POLLUTION CONTROL BOARD
March
3,
1994
IN THE
MATTER
OF:
)
)
PETITION OF CHASE PRODUCTS COMPANY
)
FOR
AN
ADJUSTED
STANDARD
FROM
)
35
ILL.
ADM.
CODE
218
SUBPART
DD
)
AS
94—4
)
(Adjusted
Standard)
ORDER OF THE BOARD
(By C.A. Manning):
On February 14,
1994, Chase Products Company (Chase) filed a
petition for adjusted standard regarding its facility,
located in
Broadveiw, Cook County, Illinois.
Chase is requesting an adjusted
standard from the 35 Ill.
Adin. Code 218 Subpart DD as it applies to
the emissions of Volatile Organic Materials
(VOM) from its Aerosol
Can
Filling process
at
the
facility.
The
Board received the
required notice of publication on February 25,
1994.1
The Board finds that the 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) (3) 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.
Chase states that the its VOM
emissions will be
0.18
ton per year higher under the adjusted
standard than the general rule of applicability but does not state
whether this will have any environmental impact.
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.
In
particular the petition does not meet the requirements of 35.111.
Adm. Code 106
•
705(g), which requires the petitioner to state 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.
Chase relies on
the
statement
about
the
amount
of VOM emissions
that will
be
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
emitted
but does
not
state
the
effect.
Chase
is
directed to
describe
the
qualitative
and
quantitative
differences
in
environmental
impact
between
compliance
under proposed adjusted
standard instead of
35 Iii.
Adm. Code 218 Subpart DD in
terms of
(1)
air emissions,
(2)
general air quality
impact
(3)
Chase’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 Chase’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.
Chase 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 ~s1~ates.
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 isthe subject of this order.
IT
IS
SO
ORDERED.
I,
Dorothy
M.
Gunn,
Clerk
of
the Illinois
Pollution
Contro)~ard,
hereby certify that the
above
order was adopted on
tI~ ~
day of
____________________
,
1994, by a vote of
Control Board