ILLINOIS POLLUTION CONTROL BOARD

May 24, 1990

EJACLEDE STEEL COMPANY,

Petitioner,

PCB 90-29

(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 1, 1990 by Laclede Steel Company

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

Illinois Environmental Protection Agency (“Agency”).

Laclede asks the Board to reconsider a portion of its April

12, 1990 Order. Laclede agrees with the portion of the Order

which denied the Agency’s motion to dismiss Laclede’s Petition

for Variance. However, Laclede 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 Reaion

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 1—413

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—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

of

.

Dorothy M. Gunn, Clerk

Illinois Poilution Control Board

111—414