ILLINOIS POLLUTION CONTROL BOARD
    March 11,
    1993
    IN THE MATTER OF:
    )
    JOINT PETITION OF NAVISTAR
    )
    AS 92-11
    INTERNATIONAL
    TRANSPORTATION
    )
    (Adjusted Standard)
    CORPORATION
    AND
    THE
    ENGINE
    )
    MANUFACTURERS
    ASSOCIATION
    )
    FOR ADUSTED STANDARDS FROM
    )
    35 ILL. ADMIN. CODE 240.141
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On February 16,
    1993,
    joint petitioners Navistar
    International Transportation Corporation and the Engine
    Manufacturers Association
    (petitioners)
    filed a motion to stay
    the proceedings in this matter until January 29,
    1994.
    Petitioners seek to await a decision of the California Air
    Resources Board
    (CARB), where petitioners are apparently seeking
    relief in California similar to that being sought before this
    Board.
    Before the end of the stay, petitioners propose to
    provide the Board and the Agency with either
    a)
    information
    related to CARB’s decision or b)
    a status report on the
    California petition.
    Petitioners request that no hearing be
    scheduled by the Board until that time.
    The Illinois Environmental Protection Agency
    (Agency)
    agrees,
    stating that it recommends that “the Board delay making a
    decision until
    CARB
    completes its research and makes a final
    determination”.
    The Agency then states that it will reconsider
    the petitioners’ petition after Navistar either demonstrates that
    CARD
    has made a final decision or provides a detailed status
    report.
    (Agency amended response and recommendation at
    3,
    February 16,
    1993).
    The motion is denied.
    While the Board recognizes that the record supporting its
    regulation of general applicability reflects the California
    experience in certain respects, an adjusted standard decision by
    this Board will not flow from a decision made by CARD.
    The
    Board’s decision will be made in light of the Board’s general
    diesel exhaust opacity regulation as well as Illinois’ statutes
    and administrative law regarding adjusted standards.
    Also,
    while
    any
    CARD
    “research” data relevant to an adjusted standard
    petition is of course acceptable, we remind the petitioners that
    they cannot justify their adjusted standard by challenging the
    validity of the Board’s regulation of general applicability.
    We finally remind the petitioners that this petition was
    filed amost one year ago
    (at that time jointly with AS 92-4 and
    92-12), and served to stay the operation of the regulation of
    01 ~0-0
    123
    2
    general applicability.
    See Section 28.1(e)
    of the Environmental
    Protection Act (415 ILCS 5/28.1 Ce)).’
    We suggest that the
    petitioners have been given a more than sufficient amount of time
    to perfect their justification.
    The hearing officer is instructed to schedule a hearing in
    this matter.2
    The petitioners are reminded of the issues and
    questions contained in the Board’s May 21,
    1992 order and the
    Agency’s request for information on page
    3 of its February
    1,
    1993 amended response and recommendation.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, I~erebycertify t at the ~bove order was adopted on,the
    //~7~-day of
    ~‘
    ~
    ,
    1993,
    by a vote of ~
    ~
    A~.
    Dorothy M. ~
    Clerk
    Illinois Po~fttionControl Board
    ‘
    Formerly Ill.Rev.Stat. Ch.111 1/2, 1028.1(e).
    2
    We note that on this day the Board adopted in AS 92-12
    an order identical to this one in all substantive respects.
    We
    also note that no hearing is being scheduled in AS 92—4
    OIL~O-0I2t~

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