ILLINOIS POLLUTION

CONTROL

BOARD

January 7,

1993

IN TIlE MATTER

OF:

)

AS 92—13

PETITION

OF

ALUMAX,

INC.

)

(Adjusted

Standard)

FOR

ADJUSTED

STANDARD

FROM

)

35

111.

Ada.

Code

Part

218

)

ORDER

OF

THE

BOARD

(by

B.

Forcade):

On November 25,

1992,

Alusax

filed a Petition for Adjusted

Standard seeking an

adjusted

standard

fron

certain

air

pollution

control

regulations found at 35 111. Ads. Code subpart TT, and

35

Ill.

Ada.

Code

218.108.

On December

14, 1992,

the

Illinois

Environmental

Protection

Agency

(aAgency~)filed

a

request

for

extension

of

time

to

respond,

and

on

December

23,

1992,

A1~ax

filed

its

notice

of

publication.

The

Agency

request

for

an

extension

of

time

until

March

30,

1993 to file a

recommendation

is

hereby

granted.

The Board finds

the

petition

does

not

ooply

with

the

requirements of 35 Ill. Ada. Cod. 106.705 regarding

the contents

of a Petition for Adjusted Standard.

Specifically the petition

does not contain information pertaining to paragraphs

(e) and

(g):

Section 106.705

Petition Contlnts

The

petition shall be captioned in accordance

with 35 Ill. Ads.

Code 101. Appendix

A.

If the Agency is a

co”petitioner,

the

petition

shall so state

Th. petition

Ihall contain

headings

corresponding to

the

informational

requirements

of

each

subsection of this Section.

The following information shall be

contained

in

the

petition:

*

*

*

*

*

a)

A description of

the efforts which

would

be

necessary

if

the

petitioner were

to

comply

with

the

regulation

of

general

applicability.

All

compliance alternatives,

with

the

corresponding

costs for each

alternative,

shall be

discussed.

Th. discussion of

colts

shall

include

the

overall

capital costs

as well as the

annualized

capital

and

operating costs.

*

*

*

*

•*

g)

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

0138-0361

---

2

petitioner were to comply only with the proposed

adjusted standard.

To the extent applicable, cross-

media impacts shall

be discussed.

For

thi purposes of

this Section, cross-media

impacts

shall mean

impacts

which concern environmental subject

areas

other

than

those addressed by the regulation of general

applicability and the

proposed

adjusted

standard.

Also, the petitioner shall compare

the

qualitative

and

quantitative nature of emissions, discharges or

releases

which

would

be expected from compliance with

the regulation of general applicability

as

oppos*.d

to

that which would be expected

from

complianc,

with

the

proposed adjusted

standard.

For the

purposes

of

this

subsection,

the

term qualitative means a narrative

description of character, and th. term quantitative

means a numerically based

description;

Unless an Amended Petition is filed within 60. days curing the

above noted defects, this matter will be

subject

to

dismissal.

As

an additional matter,

the Board

notes

that Alumax has

requested an adjusted standard

from 35 Ill. Ada. Code

218.108

which provides:

Section 218.108

Exemptions, Variations, and

Alternative Means

of

Control

or

compliance

Determinations

Notwithstanding the

provisions of any

other

Sections

of

this

Part,

any

exemptions,

variations

or

alternatives

to

the

control

requirements,

emission

,

or

test

methods

set

forth

in

this

Part

shall

be

effective only when approved by the Agency and

approved by the USEPA as a SIP revision.

Alumax has not provided an explanation or justification for an

adjusted standard for this language, nor has

Alumax

provided

alternative language.

The Board seeks clarification of

Aluzax’ s

intent in seeking an adjusted standard from

this

Section.

Further,

the Board seeks guidance from

the

parties,

either

in

briefs or at hearing, as to the proper interpretation of the

relationship of Section 218.108 (and

similar

text at Section

23’~906(c)and other locations) with the Board’s adjusted

standard process outlined in Section 28

•

1 of the

Act.

Finally, the Board notes that Alumax has not requested

hearing at this time (Petition, p. 8).

The Board questions

whether this proceeding would require a hearing, as it arises

under the obligations of

the Clean Air Act.

0136-0362

---

3

Unless an Amended Petition is filed within 60 days curinq

the above noted defects, this matter will

be subject to

dismissal.

IT

IS

SO

ORDERED

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution

Control

Board, hereby

certify

t

the

above

order

was

adopted on the

_________

day

of

_______________,

1993,

by a vote of

Illinois Po3,~ütionControl Board

0138-036.3