ILLINOIS POLLUTION CONTROL BOARD
    March
    11, 1992
    IN THE MATTER OF:
    )
    )
    ELIZABETH STREET FOUNDRY,
    INC.
    )
    AS 91-5
    PETITION FOR ADJUSTED. STANDARD
    )
    (Adjusted Standard)
    35 Ill. Adm. Code 212.321
    )
    ORDER OF THE BOARD
    (by J. Anderson):
    On January 21,
    1992, the Illinois Environmental Protection
    Agency’s’ (Agency)
    filed a motion to dismiss,
    a motion to file
    instanter, and an affidavit.
    On February 3,
    1992, Elizabeth
    Street Foundry,
    Inc.
    (ESF)
    filed its motion to strike the
    Agency’s motion to dismiss.
    The Board hereby grants the Agency’s
    motion to file instanter.
    In its motion to dismiss, the Agency requests the Board to
    dismiss this adjusted standard proceeding for the reason that the
    petition cannot be granted consistent with applicable federal
    law.
    The source,
    the Agency argues,
    is located in a non-
    attainment area for the pollutant in question (particulate
    matter).
    Section 193 of the Clean Air Act Amendments
    (42 USC
    7515),
    applicable to non-attainment areas,
    prohibits modification
    of any control requirement
    in effect before November 15,
    1990
    “unless the modification -insures equivalent or greater emission
    reductions of such air pollutant.”
    The Agency argues that the
    adjusted standard proposed by the petitioner would not meet that
    standard.
    The petitioner’s reply refers to previous filings
    which demonstrate that the petitioner’s adjusted standard would
    reduce emissions.
    The Agency argues that its calculation shows
    that this would not be true.
    We find,
    based upon the arguments and facts set forth in the
    Agency’s motion to dismiss, that a question of fact exists as to
    whether ESF’s proposed adjusted standard would ensure equivalent
    or greater emission reductions of particulate matter as required
    by Section 193 of the Clean Air Act.
    Accordingly, the Board
    authorize’s this matter for hearing to provide ESF with the
    opportunity to specifically address the Agency’s data and
    allegations.
    At hearing we particularly request that the following be
    addressed:
    The applicable standard for ESF’s emissions is 35
    Ill.
    Adm.
    Code 212.321.
    ESF’s petition for Adjusted Standard claims that
    under Section 212.321, the allowable particulate emissions are
    1332 lbs.
    of particulate during a two week period of operation.
    The Agency, however, has asserted that the ESF’s allowable
    emissions are arrived at incorrectly by not accounting for ESF’s
    actual operation which
    is stated to be once every other day.
    Specifically, the Agency argues that using the actual hours of
    13
    1—57
    2
    operation and a
    6 hour day
    (6 x 14/2
    =
    42 hours)
    results in an
    allowable emissions under Section 212.321 of 155.4 pounds of
    particulate.
    ESF’s actual emissions during a similar 2-week
    period is estimated to be 294.4 pounds.
    Thus, this is the basis
    for the Agency’s argument that ESF’s proposed Adjusted Standard
    emission rate
    is quantitatively higher than that allowed under
    Section 212.321 and not lower as stated in ESF’s petition.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Boar~hereby certif~thatthe above Order was adopted on the
    1/
    day of
    _________________,
    1992, by a vote 91~7
    _____
    (,Z
    Dorothy M./~n, C~erk
    Illinois 1(ojlution Control Board
    131—58

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