ILLINOIS POLLUTION CONTROL BOARD

July 13,

1988

IN THE MATTER OF:

AMENDMENTS TO 35 Iii.

ADM. CODE 214,

)

R86—30

SULFUR LIMITATIONS

ORDER OF THE BOARD

(by 3. Theodore Meyer):

This matter

is before

the Board on

a July 8,

1988 motion for

additional hearing and request

for subpoena filed by Jefferson

Smurfit Corporation

(Smurfit).

Both Shell Oil Company (Shell)

and the Illinois Environmental Protection Agency (Agency), who

are joint proponents

in this matter,

filed objections

to

Smurfit’s motion on July 12,

1988.

Sinurfit contends that

a modeling study being done

by PEI

Associates

for the United States Environmental Protection Agency

(USEPA)

may indicate that sulfur dioxide

(SO2) emissions from

Shell’s Wood River refinery,

even as limited by the

instant

proposal, may cause violations of air quality standards

in the

Alton area.

Smurfit states that it has been unable

to obtain all

the necessary information on the PEI study from USEPA through the

Freedom of Information Act, and submits that the quickest way for

the Board

to obtain this information

is to ask the Ohio State

court

to issue

a subpoena for deposition to PEI, pursuant to the

Uniform Foreign Depositions Act.

In response,

both Shell and the

Agency point out that Smurfit was represented by counsel at the

two merit hearings held in this matter;

that Smurfit has

misinterpreted the PET report upon which this motion

is based;

and that there

is no reason to delay

this proceeding.

The Board agrees with Shell and the Agency that Smurfit’s

motion for additional hearing and request

for subpoena should be

denied.

This motion comes at the end of an extended First Notice

comment period.

The

issue of the federal approvability of the

proposed regulations was fully discussed at the two merit

hearings in this matter.

The Board sees no reason to delay

this

proceeding.

Therefore, Smurfit’s motion is denied.

IT IS SO ORDERED.

91—41

---

—2—

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

~

day of

_______________,

1988, by a vote of

7~

~7.

___

Dorothy M.~unn, Clerk

Illinois Pollution Control Board

91—42