ILLINOIS POLLUTION CONTROL BOARD
    May 15, 2003
     
    IN THE MATTER OF:
     
    PETITION OF ARGONNE NATIONAL
    LABORATORY FOR AN ADJUSTED
    STANDARD FROM 35 ILL. ADM. CODE
    218.182
     
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    AS 03-3
    (Adjusted Standard - Air)
          
    ORDER OF THE BOARD (by D.C. Karpiel):
     
    On April 22, 2003, Argonne National Laboratory (Argonne) filed a petition for an
    adjusted standard from Board regulations that limit air emissions of volatile organic material
    (VOM) from stationary sources. Specifically, Argonne asks for an adjusted standard from 35 Ill.
    Adm. Code 218.182, which restricts the use of cold cleaning degreasers in the Chicago ozone
    nonattainment area.
    1
      
    Argonne states that some of its research requires the surfaces of samples and related
    equipment to be completely free of residual contaminants, necessitating the use of common
    laboratory solvents with vapor pressures that exceed the regulation’s limit. Petition at 4.
    Argonne, which occupies a 1,500-acre site in DuPage County, is owned by the United States
    Department of Energy and operated by the University of Chicago.
    Id
    . at 1.
    Since filing the petition for an adjusted standard, Argonne’s attorney informed the
    Clerk’s Office that Argonne failed to publish newspaper notice of the petition filing. Under the
    Environmental Protection Act (415 ILCS 5/28.1(d) (2002)), the adjusted standard petitioner must
    publish the notice within 14 days after filing the petition.
    See
    35 Ill. Adm. Code 104.408(a).
    The notice must appear in a newspaper of general circulation in the area likely to be affected by
    the activities that would be allowed if the Board granted the requested relief.
    Id
    . Among other
    things, the notice must advise that any person may cause a public hearing to be held on the
    petition by filing a request for a hearing with the Board within 21 days after the date of
    publication.
    See
    35 Ill. Adm. Code 101.408(b). Within 30 days after filing the petition, the
    petitioner must file with the Board a certificate of publication issued by the newspaper.
    See
    35
    Ill. Adm. Code 104.410.
    Satisfying the newspaper notice requirement is a prerequisite to the Board’s jurisdiction
    over an adjusted standard petition.
    See
     
    In re
    Petition of Rhone-Poulenc Basin Chemical Co.,
    1
    The Chicago ozone nonattainment area is comprised of Cook, DuPage, Kane, Lake, McHenry,
    and Will Counties, Aux Sable Township and Goose Lake Township in Grundy County, and
    Oswego Township in Kendall County. The area does not meet the National Ambient Air Quality
    Standard (NAAQS) for ozone adopted by the United States Environmental Protection Agency
    under the federal Clean Air Act (42 U.S.C. § 7409).
     
     
    2
     
    AS 93-9, slip op. at 1 (Jan. 20, 1994). Because Argonne failed to timely publish notice of its
    adjusted standard petition, the Board dismisses this case and closes the docket. Argonne may re-
    file its petition and publish newspaper notice within 14 days after re-filing the petition.
    See
     
    In re
    Petition of the Ensign-Bickford Co., AS 00-3, slip op. at 1 (Sept. 23, 1999).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 15, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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