ILLINOIS POLLUTION CONTROL BOARD
    June 19, 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 03-4
    (Adjusted Standard - Air)
          
    ORDER OF THE BOARD (by T.E. Johnson):
     
    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
    The Board assigned docket number AS 03-3 to the case.
    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.
    On May 15, 2003, the Board dismissed the case and closed docket AS 03-3 because
    Argonne failed to timely publish newspaper notice of its adjusted standard petition.
    See
     
    In re
     
    Petition of Argonne National Laboratory for an Adjusted Standard from 35 Ill. Adm. Code
    218.182, AS 03-3, slip op. at 2 (May 15, 2003). 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
    . 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., AS 93-9, slip op. at 1 (Jan. 20, 1994).
    In the May 15, 2003 order, the Board instructed Argonne that it could re-file the adjusted
    standard petition and, within 14 days after re-filing, publish newspaper notice.
    See
     
    In re
    Petition
    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
     
    of Argonne, AS 03-3, slip op. at 2 (citing
    In re
    Petition of the Ensign-Bickford Co., AS 00-3,
    slip op. at 1 (Sept. 23, 1999)). Argonne has done so. On May 19, 2003, Argonne re-filed the
    petition, also moving the Board to incorporate the AS 03-3 record into the record of the new
    proceeding, which the Board has docketed AS 03-4. On June 10, 2003, Argonne filed a
    certificate issued by the
    Chicago
     
    Sun Times
    documenting that notice of Argonne’s petition was
    published on May 24, 2003.
    The newspaper notice therefore appeared within 14 days, and the certificate of
    publication was filed within 30 days, after re-filing, as required.
    See
    415 ILCS 5/28.1(d) (2002);
    35 Ill. Adm. Code 104.408, 104.410. The Board grants Argonne’s motion to incorporate the
    record of AS 03-3 into the record of this new case, AS 03-4 (
    see
    35 Ill. Adm. Code 101.306) and
    accepts the re-filed petition for hearing.
    Argonne has the burden of proof.
    See
    415 ILCS 5/28.1(c); 35 Ill. Adm. Code 104.426(a).
    The Illinois Environmental Protection Agency (Agency) must file a recommendation on
    Argonne’s petition within 30 days after being served with this order.
    See
    35 Ill. Adm. Code
    104.416(a)-(c). Argonne may file a response to the Agency’s recommendation within 14 days
    after being served with the recommendation.
    See
    35 Ill. Adm. Code 104.416(d).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 19, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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