ILLINOIS POLLUTION CONTROL BOARD

May 24, 1990

GRANITE CITY DIVISION OF

NATIONAL STEEL CORPORATION,

Petitioner,

v.

)

PCB 90—30

(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 8, 1990 by Granite City Division of National

Steel Corporation (“GCD”). No response to this motion was filed

by the Illinois Environmental Protection Agency (?IAgencyH).

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

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

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

Variance. However, GCD 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 permiL

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

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 JSEPA’s response by June 25, 1990. USEPA is

requested to serve i:s response on the other parties in this

proceeding.

IT IS SO ORDERED.

111—415

---

—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

___________

.

I

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

111—416