ILLINOIS POLLUTION CONTROL BOARD
April
12,
1990
IN THE MATTER OF:
PETITION OF SHELL OIL COMPANY
FOR ADJUSTED STANDARD FROM
35
ILL. ADM. CODE 302.102,
)
AS 90—2
302.208, 302.210, AND SUBPART
F,
)
(Adjusted Standard)
PROCEDURES FOR DETERMINING
WATER QUALITY CRITERIA
)
Respondent.
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
2,
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
in
the Board
in the Toxics
Control Regulatory Proceeding,
R88—2l(A)
(January 25,
1990,
effective February 13, 1990).
In addition,
Petitioner also seeks
and adjusted standard for Section 302.211
(temperature) and
Section 302.212
(ammonia nitrogen).
In its motion,
the Agency requests the Board dismiss this
petition because the petition fails to comply with the
requirements for petition contents
in Board procedural
rule
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
the procedural
rules’ requirments for petition
contents,
pointing
to information contained
in the petition.
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.
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 other petitions for
variance,
as well
as petitions for adjusted standards,
have been
110—93
—2—
filed seeking relief from the R88-21A water
toxics rules.
(PCB
90—27,
PCB 90—28, PCB 90—29,
PCB 90—30,
AS 90—3,
AS 90—4,
AS 90—
5.)
The Agency has requested dismissal due
to asserted
informational deficiencies
in each case,
save for AS9O—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 tha~the above Order
was
adopted
on
the
‘A~’~
day of
__________________
,
1990,
by a vote
of
_______.
~3,
~
Dorothy M. ~Cunn, Clerk
Illinois p~ollutionControl Board
110—.
4