ILLINOIS POLLUTION CONTROL BOARD
    June
    2,
    1994
    BTL SPECIALTY RESINS
    CORPORATION,
    Petitioner,
    V.
    PCB 94—160
    )
    (Permit Appeal)
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER
    OF
    THE
    BOARD:
    On May 26,
    1994, BTL Specialty Resins Corporation (BTL)
    filed a petition captioned “Petition for Review of Final
    Hazardous Waste Determination”.
    The petition concerns operations
    at BTL’s plant located in Blue Island, Cook County, Illinois.
    BTL seeks to appeal “the April 26,
    1994 decision of the Illinois
    Environmental Protection Agency (Agency
    determining that certain
    material produced by BTL is a hazardous waste under category
    K022”.
    The Board questions whether this “appeal” is properly before
    the Board.
    The petition cites no section of the Act or Board
    regulation as providing the jurisdictional basis for this appeal.
    The only regulation cited in this petition is Section 721.132
    “Hazardous Waste from Specific Sources”.
    This rule does not by
    its terms provide for this type of appeal.
    It states:
    The following solid wastes are listed hazardous waste
    from specific sources unless they are excluded under
    35
    Ill.
    Adm. Code 720.120 and 720.122 and listed in
    Section 721.Appendix
    I.
    This introductory sentence is followed by a list of chemical
    waste numbers, including 1(002.
    The sections cited in Section 721.132, above are each
    sections which prescribe procedural mechanisms for waste
    delisting by action of the Board.
    Section 720.120 “Rulemaking”
    specifies how persons may petition the Board for various
    amendments to its rules.
    Section 720.122 “Waste Delisting”
    provides procedures for obtaining a waste delisting in an
    adjudicatory procedure.
    Nowhere is the appeal route which
    petitioner seeks to employ specifically authorized in this rule.
    If an amended petition setting forth the juridictional basis
    2
    for this “appeal” is not filed within 21 days of the date of this
    order, this petition will be subject to dismissal.
    The Board additionally notes that this petition is
    accompanied by a “waiver of requirement for Agency or Board to
    take action in response to its appeal” until August 17,
    1994.
    The purpose of this purported waiver is to allow BTL and the
    Agency to negotiate settlement.
    Until the jurisdictional basis
    for this appeal is established, the Board does not consider that
    the Board or the Agency are required to take any actions by any
    particular dates.
    IT IS SO
    ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Boarc1, hereby cer
    y that the above order was adopted pn the
    ~77-t’ day of
    ________________,
    1994,
    by
    a vote of
    ~
    ~
    Ill
    Control Board

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