ILLINOIS POLLUTION CONTROL BOARD

May 24, 1990

USS DIVISION OF USX CORPORATION,

Petitioner,

v.

)

PCB 90—28

(Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

This matter comes before the Board upon a Motion to

Reconsider filed May 2, 1990 by tJSS Division of USX Corporation

(“USS”). No response to this motion was filed by the Illinois

Environmental Protection Agency (“Agency”).

USS asks the Board to reconsider a portion of its April 12,

1990 Order. USS agrees with the portion of the Order which

denied the Agency’s motion to dismiss USS’ Petition for

Variance. However, USS asks the Board to reconsider and reverse

its holding that the water toxics rules implement, in whole or in

part, an NPDES program, and can accordingly be stayed only by

Order of the court.

The Board grants reconsideration of its April 12, 1990

Order. The question presented seems to involve, in significant

part, an interpretation of federal

law:

whether water quality

standards implement in whole or in part an NPDES permit

program. Since the Agency has declined to provide the Board with

advice on this issue, the Board believes that it is appropriate

to request that the United States Environmental Protection Agency

(“USEPA”) provide the Board with any comments it may have on this

issue. Accordingly, the Board specifically will serve the Region

V office of USEPA with today’s Order and other filings and

request that USEPA respond as soon as possible. The Board would

greatly appreciate USEPA’s response by June 25, 1990. USEPA is

requested

to

serve its response on the other parties in this

proceeding.

IT IS SO ORDERED.

Ii I-L~11

---

—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify

that the above Order was adopted on

the

~ /~ day of

___________________

,

1990, by

a

vote

0

•

1

/

/

Dorothy M. ,~unn, Clerk

Illinois P~llution Control Board

111—412