ILLINOIS POLLUTION CONTROL BOARD
    November
    3,
    1988
    IN THE MATTER OF:
    PROPOSED AMENDMENT TO
    35
    ILL.
    ADM.
    CODE 212.209,
    VILLAGE OF WINNETRA
    )
    R86—41
    GENERATING STATION
    ORDER OF THE BOARD
    (by J.
    Theodore Meyer):
    This matter
    is before the Board
    on a September
    7,
    1988
    motion for reconsideration
    and stay filed by the Village
    of
    Winnetka.
    John
    H.
    Leslie,
    a resident
    of Winnetka who objected
    to
    Winnetka’s petiLion
    for
    a site—specific
    rule, filed
    his response
    in opposition
    to the motion for reconsideration
    and stay
    on
    September
    20,
    1988.
    On September
    22,
    1988 the Board granted
    the
    Illinois Environmental Protection Agency’s
    (Agency) motion
    for
    extension of time
    to respond.
    The Agency filed
    its response
    in
    opposition to Winnetka’s motion on October
    27, 1988.
    On November
    2,
    1988, Winnetka filed
    a motion
    to defer
    ruling
    on
    its motion for reconsideration.
    tn
    its motion
    to defer
    ruling, Winnetka noLes
    that IL has filed
    a petition
    for variance,
    and that present indications are that the variance will be
    uncontested.
    Winnetka
    states that
    if variance
    is granted,
    It
    contemplates reliance upon the variance rather than reliance upon
    any appeal
    of the rulemaking.
    Thus, Winnetka asks the Board
    to
    defer action on the motion for reconsideration until
    final
    action
    is
    taken on the variance petition.
    However,
    this
    rulemaking
    and
    the pending variance petition are two separate proceedings,
    and
    the Board will treat them as
    such.
    The motion
    to defer ruling
    is
    denied.
    Winnetka seeks reconsideration
    of
    the Board’s August
    4,
    1988
    Ooinion
    and Order denying Winnetka’s
    request
    for
    a permanent
    site—specific rule governing particulate emissions
    from its
    electric generating plant.
    Alternatively, Wtnnetka requests
    a
    33—month stay
    of the effecLive date of
    the general
    rule to allow
    construction
    of control equipment.
    The Board has reviewed the
    arguments raised by Winnetka
    in support of reconsideration,
    but
    finds no reason
    to modify
    its August
    4 Opinion and Order.
    The
    Board specifically affirms that prior Opinion
    and Order,
    and
    lenies the motion
    to reconsider
    on
    iLs merits.
    Likewise,
    the
    Board will not stay the effect
    of the general rule
    in order
    to
    allow Winnetka
    to construct control equipment.
    As both the
    Agency and Mr.
    Leslie point out,
    the proper manner
    in which
    to
    request
    an exemption
    to allow
    time
    to come into compliance with
    a
    regulation
    is by petition for variance pursuanL
    to Title IX
    of
    the Environmental Protection Act.
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    1111/2,
    93—387
    —2—
    par.
    1001
    et seq.
    )
    As previously
    noted,
    on October
    17,
    1988
    Winnetka did file
    a petition for variance
    (PCB 88—164), which
    is
    presently set for hearing
    on December
    5,
    1988.
    Thus, Winnetka
    is
    already proceeding
    in the proper fashion.
    The motion
    for stay
    is
    denied.
    IT
    IS SO ORDERED.
    R.
    Flemal
    was
    not
    present.
    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
    _________
    Dorothy
    M.
    unn, Clerk
    Illinois Pollution Control Board
    93-388

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