ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2008
    IN THE MATTER OF:
    PETITION OF BIOMEDICAL
    TECHNOLOGY SOLUTIONS INC. FOR AN
    ADJUSTED STANDARD FROM 35 ILL.
    ADM. CODE 1422
    )
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    AS 08-6
    (Adjusted Standard – PIMW)
    ORDER OF THE BOARD (by N.J. Melas):
    On November 28, 2007, Biomedical Technology Solutions, Inc. (BMTS) filed a petition
    for a statewide adjusted standard from the testing requirements for units treating potentially
    infectious medical waste (PIMW) at 35 Ill. Adm. Code 1422. Appendix A, Table B. BMTS
    requests an adjusted standard to use a different indicator organism to demonstrate effective
    sterilization than any of those specified in the rule.
    BMTS has waived hearing on the petition, and the Board has received no requests for a
    public hearing on the petition, due to be filed on or before December 27, 2007.
    See
    35 Ill. Adm.
    Code 104.420. The Illinois Environmental Protection Agency (Agency) timely filed a
    Recommendation on December 28, 2007 and its Amended Recommendation on December 31,
    2007 as required by 35. Ill. Adm. Code 104.416(a)). The Agency recommends grant of the
    adjusted standard.
    By order of December 20, 2007, the Board requested BMTS to file an amended petition
    by January 5, 2008 to clarify whether the substitute indicator organism is better referred to as
    Bacillus subtilis
    var.
    niger
    (ATCC 9372) or
    Bacillus atrophaeus
    (ATCC 9372). BTMS
    responded that
    Bacillus atrophaeus
    (ATCC 9372) is the preferred reference in an amended
    petition filed January 7, 2008. The amended petition was accompanied by a motion for leave to
    file
    instanter
    , which the Board grants.
    In the December 20, 2007 order, the Board also extended the time for the filing of the
    Agency’s Recommendation until January 19, 2008. As no hearing has been requested, the Board
    intends to issue its final opinion and order based on the timely filed pleadings of BTMS and the
    Agency. The Board will issue its final order as expeditiously as practicable, consistent with
    workload and resource constraints.
    IT IS SO ORDERED.
    2
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on January 10, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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