ILLINOIS POLLUTION CONTROL BOARD
    May 23,
    1991
    IN THE MATTER OF:
    )
    PETITION OF KEYSTONE STEEL
    AND
    )
    AS 91-1
    WIRE
    COMPANY FOR HAZARDOUS
    )
    (Adjusted Standard)
    WASTE DELISTING
    )
    )
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board on the May 2,
    1991
    “motion for 150—day extension to file a recommendation” filed by
    the Illinois Environmental Protection Agency
    (Agency).
    In
    support of its motion the Agency states that until the new
    delisting regulations of R90—l7 were finalized and effective,
    “a
    comprehensive review of the adjusted
    standard
    petition could
    not be initiated due to the lack of detailed standards for review
    and limited resources” at the Agency.
    Also, the Agency states
    that the USEPA’s Delisting Section’s initial technical review of
    a delisting petition takes
    “2-5 weeks to perform at approximately
    200 man hours on the average.”
    In addition, USEPA contracts with
    private consultants to perform that initial technical review.
    Finally, the Agency notes that there is no statutory time frame
    for decision in adjusted standard petitions and that no
    environmental harm will result in granting the extension because
    Keystone Steel and Wire Company (Keystone)
    is in compliance with
    all applicable laws.
    Keystone filed its “response to motion for extension”
    on May
    9,
    1991.
    Keystone’s response notes that the Agency has had the
    delisting petition since January 22,
    1991 and that the Board has
    already granted the Agency one continuance of these proceedings.
    Since this matter was originally filed with USEPA in August of
    1990, and because significant daily costs are accruing while the
    matter is pending,
    Keystone has requested,
    in this and prior
    pleadings,
    that this matter proceed expeditiously.
    In light of
    these
    facts, Keystone is concerned with the Agency’s lack of
    progress and the length of the requested extension.
    Keystone
    has asked the Board to establish a reasonable schedule for
    submission of the Agency’s recommendation.
    This matter has been closely tied with the proceeding in
    R90-17 which adopted adjusted standard procedural rules
    specifically tailored to handle delisting petitions for hazardous
    wastes.
    R90-17 was initiated after USEPA delegated the authority
    to delist hazardous waste to Illinois on March
    1,
    1990.
    When
    Keystone filed its adjusted standard delisting petition with the
    Board, R90-17 was still pending.
    As a result, the Agency and
    Keystone requested,
    respectively, that the time for filing a
    reconu~endationand for filing proof of publication be extended
    122—30 1
    2
    until after the adoption of R90-l7.
    The Board granted the
    motions after calculating that the rules would be effective about
    April
    15,
    1991.
    R90—17 was filed and effective as of May 9,
    1991.
    As mentioned, R90-17 adopted the general adjusted standard
    procedures for the delisting of hazardous waste.
    Pursuant to
    Section 106.714, within 30 days after an adjusted standard
    petition has been filed with the Board, the Agency must file
    a
    response recommending either grant or denial of the petition.
    During the public comment period for R90-l7, the Agency filed
    comments which did not mention any problems with this time frame.
    Neither did any of the other public comments received by the
    Board.
    As a result, the regulations, as adopted, require an
    Agency response within 30 days of the filing of an adjusted
    standard delisting petition.
    The Board understands that the Agency has more limited
    resources than USEPA and that the detailed administration of
    the
    delisting authority may not yet be known.
    Even so, technically,
    when Keystone filed its adjusted standard petition,
    the Agency
    knew of the proposed “detailed standards for review”
    in R90—17
    and applicable to delisting petitions.
    As such, the Agency has
    already had 120 days for preliminary review and assessment of the
    administrative and resource requirements of adjusted standard
    delisting petitions.
    In light of these facts and Keystone’s
    continued request for an expeditious proceeding, the Board denies
    the Agency’s request for 150-day extension to file its
    recommendation.
    But,
    in recognition of the problems being
    confronted by the Agency for the first time,
    the Board hereby
    grants the Agency 60 days from the date of this Order to file its
    recommendation pursuant to Section 106.714.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    __________
    day of
    ________________,
    1991, by a vote of
    --
    a
    .
    ~
    Dorothy N. G~fnn, Cldrk
    Illinois Po~1utionControl Board
    122—302

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