ILLINOIS POLLtT~IONCONTROL BOARD
    May
    6, 1991
    IN THE MATTER OF:
    CERTAIN HAZARDOUS WASTES FROM
    )
    R91-ll
    PRIMARY
    ZINC SMELTING AND
    )
    (Emergency rulemaking)
    REFINING,
    35
    Iii. Adm. Code
    )
    (see also PCB 91—61)
    721.104(b)
    (
    7) (U)
    INTERIM ORDER OF THE BOARD
    (by J. Anderson):
    On this day, May
    6,
    1991,
    the Board authorized the
    circulation of, and request for comment on,
    the attached draft
    emergency rule.
    The emergency rule might potentially grant
    relief to Big River
    Zinc Corp.
    (Big River
    Zinc).
    The Board’s
    intent
    in taking
    the unusual step of circulating a draft order
    prior
    to formal actjon
    is
    to seek guidance
    in an unusual
    situation.
    We request comment both as to the usefulness and
    appropriateness of adopt.ing such a rule.
    We specifically request
    comment from Big River,
    the Illinois Environmental Protection
    Agency and tne United States Environmental Protection Agency.
    The decision to circulate this draft emergency rule flows
    directly from a Board Interim Order
    in PCB 91-61, adopted this
    same day, which responded to a variance petition accompanied by a
    motion for stay filed by Big River on April
    8,
    1991.
    An
    understanding of our decision to circulate this draft emergency
    rule can best
    be found by reading the PCB 91—61
    Interim Order,
    which
    is also enclosed herewith.
    Among other holdings
    in the PCB
    91—61 Interim Order,
    the Board denied Big River’s motion for
    stay, primarily due to procedural constraints.
    The only procedural avenue that we are able
    to suggest
    that
    might give Big River
    the relief
    it seeks,
    certainly given
    its
    time constraints,
    is pursuant to the attached emergency rule.
    In
    so saying,
    we emphasize that the draft Order
    is not
    to be
    construed as pre—coinmitting the Board
    to taking formal action on
    it.
    The Board perceives that,
    if action is
    to be
    taken on the
    emergency rule,
    it must be done quickly
    if
    it
    is to give
    relief
    to Big River
    Zinc,
    if indeed any relief
    is possible at all.
    Therefore,
    it
    is especially important that comments be time±y
    filed under
    the following schedule.
    The Board will delay until Tuesday, May 14,
    1991,
    its
    consideration as to whether
    to adopt this emergency rule,
    to
    allow interested parties
    to comment on this matter
    in light of
    the discussion in PCB 91-61.
    Comments must be recieved by 12:00
    noon on May
    13,
    1991 to receive consideration.
    The Board
    authorizes the filing of comments
    by telefax, provided that any
    122—27
    —2—
    telefax filing
    is followed by the filing of
    a typescript original
    and
    9 copies.
    The Board
    is particularly interested
    in any comment by
    USEPA.
    In the event
    that filing of this rule would
    in any way
    jeopardize
    the State’s RCRA program authorization, or the rule
    would fail
    to give the petitioner effective relief,
    the Board
    would intend not to adopt
    this draft Order.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above Interim Order was adopted on
    the
    ~Y~-
    day of
    ~
    ,
    1991,
    by
    a vote of
    ~~T)
    Dorothy
    M.
    9~inn,Clerk
    Illinois Po~!lutionControl Board
    122—28

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