ILLINOIS

POLLUTION

CONTROL

BOARD

December

20,

1984

IN

THE

MATTER OF:

)

)

INSTA-FOAM

PRODUCTS,

INC.

PETITION

FOR

DELISTING

)

R84-23

(35

Ill.

Adm.

Code

721)

)

ORDER

OF

THE

BOARD

(by

J.

D.

Damelle):

C~May

23,

1984

Insta-’Foam

Products,

Inc.

petitioned

the

Board

to

delist

,a

waste

material

containing

small

qiantities

of

dichlorodifluoromethane

and

trichlorofluoromethane

piratant

to

35

Ill.

Mm.

Code

720.122.

At

that

time,

the

Board

noted

that

no

such

delisting

had

been

adopted

by

the

United

States

Environmental

Protection Agency (U.S.

EPA)

and

that

the

Board’s

suthority

to

delist

was

unclear

absent

a

federal

delisting.

The

Board

also

noted

certain

deficiencies

in

the

regulatory

petition.

The

Board

docketed

this

matter,

bit

requested

that

Insta-Foam

provide

certain

additional

information

and

legal

support.

Neither

was

provided.

On

December

7,

1984,

Insta-Foam

filed

a

Motion

to

Dismiss

this

proceeding.

In

its

motion,

Insta-Foam

notes

that

it

no

longer

believes

a

delisting

is

necessary

to

achieve

its

pirposes

based

on

the

fact

that

it

has

received

a letter

from

U.S.

EPA

indicating

that

the

waste

in

question

is

not

considered

to

be

a

hazardous

waste

under

U.S.

EPA’ s

interpretation

of

40

CFR

261.

The

letter

is

attached

to

Insta-Foam’s

Motion

to

Dismiss

as

Exhibit A.

The Board hereby dismisses this proposal

and

closes

the

docket at the request of

the

Petitioner.

This

action

does

not

constitute

a

Board

finding

of

fact

on

the

issue

presented

in

the

petition.

The

Board

has

not

held

a

hearing

in

this

matter

nor

is

it

able

to

judge

the

nature

of

the

waste

involved

or

the

veracity

of

the

facts

presented

in

the

petition.

IT

IS

SO

ORDERED.

I,

Dorothy

M.

Gum,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

cer

fy

that

the

above

Order

was

adopted

on

the

~7ptZdayof

_________,

L984byavbteof

S-t)

~

Dorothy M.

nn, Clerk

Illinois Pollution Control Board

02-113