ILLINOIS POLLUTION CONTROL BOARD
    January 21,
    1993
    IN THE MATTER OF:
    )
    )
    AS 91—3
    PETITION OF PEORIA DISPOSAL CO.
    )
    (RCRA Delisting)
    FOR AN ADJUSTED STANDARD FROM
    )
    (Adjusted Standard)
    35 Ill.
    Athn.
    Code 72l.Subpart D)
    ORDER OF THE
    BOARD
    (by 3. Anderson):
    This matter is before the Board on the joint motion. for
    expedited decision filed by Peo:ria Disposal Co. and the Agency on
    January 14,
    1992.
    The motion requests that the Board expedite
    its
    decision in
    this matter.
    Peoria Disposal Co. states
    that
    the Third District
    recently reversed the Board’s decision in an enforcement case,
    Erivirite Corp.
    v.
    EPA
    (Dec.
    19,
    1991), PCB 91—152.
    The Board had
    granted summary judgment in favor of Peoria Disposal Co.,
    determining that not every one of it’s customers needed Section
    39(h)
    wa•stestreain authorization because Peoria Disposal Co.
    actually generated the waste ultimately disposed of.
    The Third
    District’s decision would require each of the hazardous waste
    generators sending its waste to Peoria Disposal Co. for treatment
    to obtain an independent Section 39(h) authotization from the
    Agency.
    Peoria Disposal Co. states that the impact of this
    .decision is as follows:
    The appellate court’s interpretation of S39(h)
    suddenly
    renders PDC’s prior operations in noncompliance with
    the law, and potentially requires PDC to cease its F006
    treatment operations,
    return the P006 hazardous waste
    transported to PDC for treatment to its industrial
    clients, and totransport its own P006 treatment
    residue to other facilities.
    Motion for Expedited Decision at
    10.
    Finally, PDC states that “if the Board accepts the Agency’s
    recommendation and grants PDC an adjusted standard for its F006
    treatment residue, the treated waste will no longer be subject to
    539(h) of the Act.”
    Thus,
    “PDC’s
    .
    .
    .
    treatment of P006 waste
    will continue unabated, the market options for waste treatment in
    Illinois will not be shrunk, and the Agency’s scarce resources
    will not be expended in the unnecessary review and processing of
    dozens of 539(h) authorization requests.”
    Motion for Expedited
    Decision at ¶ 11.
    The Board hereby grants Peoria Disposal Co.’s motion for the
    reasons set forth.
    The Board will dispose of this matter as
    expeditiously as is practicable consistent with time and resource
    constraints.
    0138-05133
    2
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn, Clerk of the Illinois. Pollution Control
    Board, do hereby ce
    ify that the above Order was adopted on the
    -~-~
    day of
    ____________,
    1993,
    by a vote of
    C
    C
    O138-Q5131~
    Control Board

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