ILLINOIS POLLUTION CONTROL BOARD
    June 25,
    1987
    BEAR HYBRID CORN COMPANY,
    INC.,
    Petitioner,
    3
    )
    v.
    )
    PCB 87—70
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On May 28, 1987, Bear Hybrid Corn Company,
    Inc.
    (“Bear”)
    filed
    a petition for variance to operate four incinerators at its
    Decatur and ~apel1a facilities.
    By Order of June
    25,
    1987, the
    Board required more information on the proposed methods of
    compliance.
    On June
    23,
    1987,
    Bear
    filed
    an amended petition
    for
    variance, but that petition still fails
    to include sufficient
    information
    on compliance.
    The intention to file a petition for site specific
    regulatory relief
    at some future date does not constitute
    a
    compliance plan
    for purposes of
    a presently filed petition for
    variance.
    Thus, Bear’s intention to file a site specific
    regulatory petition in the future cannot
    be considered
    a
    compliance plan for this variance petition.
    The Board must look
    within
    the confines of the presently filed documents to determine
    how Bear
    is out of compliance with existing regulatory
    requirements, what operational modifications will
    be
    required to
    achieve full compliance with regulatory requirements, and when
    those operational modifications can
    be
    implemented.
    When the
    amended petition is reviewed
    in this context
    it
    is apparent that
    the Board has not
    been informed
    of the nature and degree of non-
    compliance,
    and has not been informed as to which operational
    modifications have been selected and whether
    those modifications
    will lead to full compliance.
    Bear specifically states that the extent of non—compliance
    will not be disclosed (unnumbered page,
    Paragraph
    5
    (E)(i)).
    This information must be provided.
    Bear also describes several
    potential options for regulatory compliance,
    including:
    (1)
    filing
    a future petition
    for
    site specific regulatory relief,
    (2)
    landfilling
    the material which
    is presently burned,
    (3)
    adding
    new incinerators
    to the present facility, and
    (4) modifications
    to the existing incineration equipment as described at paragraph
    5
    (F)(iv).
    78-475
    The compliance alternatives are not adequately described in
    that Bear provides no information on the cost or viability of
    landfilling, and does not indicate whether
    the process
    modifications described
    in paragraph
    5
    (F)(iv) will lead
    to full
    compliance.
    More importantly, the Board
    is not
    informed
    of which
    compliance option Bear intends
    to pursue.
    For these reasons, the
    Board finds the amended petition for variance
    is inadequate and
    Orders that a new amended petition be filed which addresses the
    inadequacy.
    Unless an amended petition
    is filed within
    45 days,
    this matter
    will be subject to dismissal.
    Bear need not repeat
    the
    facts contained
    in the prior two petitions, only new
    information
    is required.
    The Environmental Protection Agency
    is requested
    to
    inform
    the Board, not later
    than July 13,
    1987, whether the relief
    sought by Bear might
    require an amendment
    to the State
    Implementation Plan,
    and whether a hearing
    is thus required.
    IT
    IS SO ORDLRED.
    I, Dorothy M.
    Gunn,
    Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify
    hat the above Order was adopted on
    the ~‘I5tZday of ______________________, 1987,
    by
    a vote
    of
    4
    -
    &
    .
    Dorothy
    M.
    unn, Clerk
    Illinois Pollution Control Board
    78-476

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