ILLINOIS POLLUTION CONTROL BOARD
April
12,
1990
IN THE MATTER OF:
PETITION OF GRANITE CITY DIVISION
OF NATIONAL STEEL CORPORATION
FOR ADJUSTED STANDARDS FROM
)
AS 90-4
35
ILL. •ADM. CODE 302.102, 302.208,
)
(Adjusted Standard)
302.210, AND SUBPART
F,
PROCEDURES
FOR DETERMINING WATER QUALITY CRITERIA
ORDER OF THE BOARD (by R.
C.
Flemal):
This matter
comes before the Board upon
a motion
to dismiss
Petitioner’s adjusted standard petition filed March
26,
1990 by
the Illinois Environmental Protection Agency
(“Agency”).
On
April
3,
1990,
Petitioner
filed
its reply requesting
that the
Agency’s motion be denied.
On March
5,
1990 Petitioner
filed a petition
for adjusted
standard with the Board
for relief from Board regulations
governing mixing zones; numeric standards
for cyanide, copper and
fluoride;
and narrative standards and whole effluent toxicity
standards,
as those rules were amended by the Board in the Toxics
Control Regulatory Proceeding,
R88—21(A)
(January 25,
1990,
effective February
13,
1990).
In its motion,
the Agency requests the Board dismiss this
petition
“until the Petitioner provides all the informational
requirements contained
in
35
Ill.
Adm.
Code 106.705.”
In support
of
its motion,
the Agency discusses several areas
in which
it
believes the petition contains insufficient
information.
Petitioner challenges the Agency’s contentions,
stating that
its petition meets all regulatory requirements.
Petitioner
submits
that even should the Board believe that more information
is required, Petitioner requests that the Board issue an order
seeking more
information rather than dismissal, consistent with
Section 106.705.
Petitioner further submits that the Agency’s
challenge
1o
this petition
is
in contrast with the Agency’s
position
In R88—2l(IB), where the Agency encouraged the Board to
resolve Petitioner’s requested relief through
the Adjusted
Standard process.
Moreover,
Petitioner states its willingness
to
discuss with the Agency technical disagreements regarding
the
type and amount of information submitted (Response at par.
4).
Upon review of the alleged deficiencies and response by
Petitioner,
the Board finds that the Agency’s concerns mainly
involve matters which are best resolved during the course
of this
proceeding.
The Board notes that several petitions
for variance,
110—99
—2—
as well as petitions
for adjusted standards,
have been filed
seeking relief from the R88—2lA water toxics rules.
(PCB 90—27,
PCB 90—28,
PCB 90—29,
PCB 90—30,
AS 90—2,
AS 90—3,
AS 90—5.)
The
Agency has requested dismissal due to asserted informational
deficiencies
in each case,
save for AS
90—5.
Given the nature of
the water toxics amendments and the fact that there
is
no
previously established benchmark
for judging the sufficiency of a
petition in this arena,
the Board
is not prepared at this time
to
dismiss this petition as deficient.
However, since Petitioner
bears the burden of proof,
it
is obvious
that
to the extent
additional
information
is
necessary for such proof, such
information should be submitted during the course of the
proceeding,
and
in advance of hearing.
The Agency’s motion
to dismiss
is accordingly denied.
Lastly,
the Board notes
that pursuant
to procedural
rule
106.711, petitioners are required to cause the publication
of
notice of a petition for adjusted standard within
14 days after
filing, and pursuant
to 106.712, petitioners must file proof of
notice publication within
30 days after
filing.
No publication
proof has been filed
for this petition.
Given the Agency’s
motion to dismiss,
it may be that Petitioner was awaiting
a Board
ruling prior to publishing notice.
Therefore,
on its own motion,
the Board extends
the time
for filing proof
of notice publication
for
30 days of the date of
this Order.
IT
IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify
that
the, above Order was adopted
on
the
~
day of
(/
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Lt
,
1990,
by
a vote
of
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.
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borothy
M.
Gi~inn, Clerk
Illinois Pollution Control Board
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