ILLINOIS POLLUTION CONTROL BOARD
May 9, 1991
IN THE
MATTER OF:
PM1O EMISSION LIMITS FOR THE
)
PORTLAND CEMENT MA
~‘ACTURING
)
R91-6
PLANT AND ASSOCIAThu QUARRY
)
(Rulemaking)
OPERATIONS LOCATED SOUTH OF
)
THE ILLINOIS RIVER IN
)
LASALLE COUNTY.,
ILLINOIS.
ORDER OF THE BOARD by
(B. Forcade):
This matter comes before the Board on a Motion to Schedule
Additional Hearings filed on April
29,
1991 by Lone Star
Industries,
Inc.
(“Lonestar”).
Lone Star also requests that
the
Board issue
a second First Notice Opinion and Order
in the above
captioned regulatory proceeding.
On May 7,
1991 the Illinois Environmental Protection Agency
(“Agency”)
filed
a Response to Lonestar’s motion.
The Agency
requests that the Board deny the motion for additional hearings
and decline to restart this regulatory proceeding with a second
First Notice proposal.
The Agency suggest that an ample comment
period should be allowed
to resolve conflicts in this federally
required rulemaking which has a federally—imposed deadline of
November
15,
1991.
Both participants have fully articulated
their positions
with supporting reasons.
These matters were also addressed in
two days of hearings held on April
17 and 19,
1991.
The Board finds that the Agency has correctly identified
adequate alternate means
to resolve Lonestar’s perceived
problems.
An extended comment period and the possibility of
variance or adjusted standard relief should provide an adequate
opportunity for Lonestar to be fully and fairly heard before the
Board.
The Board notes also that Lonestar does not request a
hearing at this time,
but rather conditionally requests
a
hearing.
Therefore,
the Board denies Lonestar’s motion
for
additional hearings and
request that the Board proceed to
a
second First Notice.
The Board will allow an extended comment period of
45 days
from the date of this order
for the participants to submit
specific comments and recommendations regarding the Board’s First
Notice Proposal.
That timeframe should also allow Lonestar
adequate time to evaluate the results of the stack
test performed
April
25 and
26,
1991.
Motion at
p.
7.
In any event,
by the
122—207
—2—
close of the comment period,
Lônestar must formulate its position
and specifically recommend changes
to the First Notice proposal,
as this Board has already expressed its intention to expedite
this proceeding
to meet the federal deadline.
IT IS SO ORDERED.
I Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
~
day of
7)~—.-y
,
1991, by a
voteo
—C.
~
~..
~
Dorothy M. ~
Clerk
Illinois PoX’ution
Control Board
122—208