ILLINOIS POLLUTION CONTROL
    BOARD
    August
    31, 1989
    IN THE MATTER OF:
    )
    ELIZABETH STREET FOUNDRY,
    INC.
    )
    AS 89-2
    an Illinois corporation,
    (35 Ill. Adm. Code
    212)
    )
    Petitioner.
    ORDER OF THE BOARD
    (by J. Anderson):
    On August
    15,
    1989 the Illinois Environmental Protection
    Agency
    (Agency) filed
    a Motion
    to Dismiss the petition
    for
    adjusted standard filed by Elizabeth Street Foundry,
    Inc.
    (petitioner) on June 30,
    1989.
    The petitioner
    filed a response
    on August 28,
    1989.
    Essentially, the Agency objects to the petition because the
    petitioner’s proposed adjusted standard,
    as set forth on page
    6
    of the petition, appears
    to request that the regulation of
    general applicability
    (35 Ill. Adm
    Code 212.456)
    be altered in a
    general manner, not specifically
    to the petitioner’s own
    operation.
    The Agency concludes,
    therefore,
    that the
    petitioner’s request should be treated as a proposal for
    rulemaking, not an adjusted standard.
    The Agency correctly states that the applicability of an
    adjusted standard
    is limited to the petitioner who has justified
    the standard in accordance with Section 28.1 of the Environmental
    Protection Act.
    Additionally, an adjusted standard
    is set forth
    by Board Order and does not expressly amend or alter the
    regulation of general applicability.
    The petition’s proposed language for the adjusted standard
    appears
    in the form of
    a regulatory amendment.
    While this
    is not
    the appropriate format,
    the relief sought by the petition is
    apparent
    from the full context
    of the petition.
    The petitioner
    and the Board have construed the June
    30,
    1989 filing as an
    adjusted standard.
    As the result,
    the Board may only grant
    relief as allowed by Section 28.1 of the Act.
    The Board notes
    that this adjusted standard petition was filed prior to the
    effective date of the Board’s
    nec~.adjusted standard procedural
    rules
    (35
    Ill.
    Adm. Code 106.Subpart
    G,
    effective on July 10,
    1989).
    However,
    increased scrutiny of petitions with respect
    to
    the requirements of those
    rules can certainly be expected in the
    future.
    Since
    the proposed adjusted standard concerns
    a request
    for
    an alternative air standard,
    the Board
    finds
    that
    a hearing would
    be advisable.
    Such a standard could be the subject of a SIP
    revision
    in which case a hearing
    is required
    in order
    to comport
    102—287
    2
    with federal law.
    At hearing, the petitioner shall present
    proposed language for a Board Order which would impose
    the
    requested adjusted standard and which would be consistent with
    the limitations and requirements of Section 28.1 of the Act.
    For the above reasons,
    the Agency’s motion is denied.
    The Board notes that on August
    25,
    1989 the petitioner filed
    an Amendment to its petition in response to
    the Board’s Order
    of
    July 13, 1989 which had requested the petitioner
    to explain how
    it intended to justify the proposed adjusted standard.
    This
    matter shall proceed to hearing.
    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
    _______________
    ,
    1989,
    by a vote
    of
    ______________
    ~
    Dorothy M. ~tinn,Clerk
    Illinois Pollution Control Board
    102—288

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