ILLINOIS POLLUTION CONTROL BOARD
    July 11,
    1991
    IN THE MATTER OF
    )
    PETITION OR PEORIA DISPOSAL
    )
    AS 91-3
    COMPANY FOR ADJUSTED STANDARD
    )
    (Adjusted Standard)
    FROM 35 ILL. ADM. CODE 721
    )
    SUBPART
    D.
    )
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    On April
    25,
    1991 the Board
    issued
    an
    order
    requiring an
    additional filing.
    On May 15, 1991 Peoria Disposal Company (“PDC”)
    filed
    a waiver pursuant to
    35
    Ill.
    Adm.
    Code 120.230 regarding
    statutory deadlines.
    On May
    16,
    1991
    PDC filed
    a
    claim letter
    pursuant to 35 Ill.
    Adin.
    Code 120.20(a) (1).
    The Board finds the additional filings constitute an adequate
    request for protection as a trade secret with an open waiver of the
    decision deadline.
    The Board will place the claim letter in the
    public
    files
    and maintain the
    claimed
    secret materials
    in
    the
    Clerk’s confidential files until further order of the Board.
    At
    the conclusion of this proceeding,
    Peoria may file a motion
    for
    return of the material.
    On May 13, 1991 a citizen filed a request for a public hearing
    in this matter pursuant to 35
    Iii.
    Admn. Code 106.713 and 106.801.
    Accordingly, the Board will set this matter for hearing.
    The Board notes that after the filing of the Petition,
    the
    regulations were modified at
    35
    Ill. Adm. Code 720.122(n)
    to add
    the following sentence:
    “The Petition must be clearly labeled as
    a RCRA delisting adjusted standard petition.”
    (R90-17, April 11,
    1991).
    The Board requests that when PDC files an amended copy of
    the petition,
    as required below,
    that it be appropriately marked
    as
    a RCRA delisting adjusted
    standard,
    and served on the Board,
    the Agency and USEPA.
    Insofar
    as the petition
    itself,
    we have
    several
    concerns.
    First,
    the petition requests the delisting of two wastestreams:
    F006
    (wastewater treatment sludges
    for
    electroplating)
    and K061
    (emission control dust/sludge from the primary production of steel
    in electric air furnaces).
    Petitioner has made no statement or
    otherwise indicated that these wastestreamns are in any way related
    to each other.
    Accordingly,
    the
    Board
    directs
    PDC
    to
    either
    provide
    a
    statement
    as
    to
    why these
    wastestreams
    ought
    to
    be
    addressed
    together,
    or
    to
    separate
    the
    petition
    into
    two
    stand—alone
    segments,
    addressing each wastestream separately.
    Based on the
    information supplied by the amended petition, the Board may divide
    this Docket into subdockets or consolidate the matter for purposes
    of hearing.
    124—12 7
    Next, the Board has noted the following specific informational
    deficiencies in PDC’s petition.
    Incomplete requirements include
    Sections
    106.705(d),
    720.122(i)(5),
    106.705(e),
    106.705(f)(2),
    106.705(k)
    ,
    720.122(d) (1) (A),
    720.122(d) (3),
    720.122(d) (8),
    720.122(k) (7), 721.111(a) (3) (G) and 721.111(a) (3) (I) and
    (3).
    The
    petitioner should take special note of those requirements set forth
    in
    section
    720.122(d)(8),
    which
    requires
    a
    discussion
    of
    methodologies used.
    Although there is general discussion on some
    of
    those
    requirements,
    there
    appears
    to be
    no description
    of
    sampling
    methodologies,
    equipment,
    handling,
    etc.
    which
    were
    actually
    employed
    in
    taking
    these
    samples.
    Nor
    is
    there
    a
    statement
    as
    to why
    the
    samples
    are
    “representative”
    samples.
    Although
    many
    analytical
    results
    are
    presented,
    there
    is
    no
    statement as to what tests
    (e.g., SW 846 methods) were performed.
    Moreover,
    the names and model numbers of the instruments are not
    provided.
    Finally, delisting of hazardous wastes by the State is
    a new
    process which may be somewhat confusing in that both federal and
    state regulations are involved.
    The Board suggests that the most
    effective way to handle this,
    for each wastestream,
    is through a
    filing which essentially consists
    of four documents:
    the basic
    Adjusted Standard petition (Section 106.705), the general standards
    for
    toxic
    wastes
    delisting
    (Section
    720.122(d)),
    the
    USEPA
    delisting petition (Section 720.122(i)) and the toxic constituents
    discussion
    (Section 721.111(a)(3)).
    In this way, the applicable
    federal requirements can be cross—referenced to the pertinent Board
    regulations.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that
    e above Order was adopted on the
    //~
    day of
    ________________,
    1991 by a vote of
    7-0
    ~
    Dorothy M./~unn,Clerk
    Illinois P~1lutionControl Board
    124—128

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