ILLINOIS POLLUTION CONTROL BOARD

March 11,

1976

BEE CHEMICAL COMPANY,

Petitioner,

v.

)

PCB 76-53

ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the February

26,

1976, Petition of Bee Chemical Company for

variance from the organic material emission standards

of the Air

Pollution Control Regulations.

The petition is inadequate

in that it fails

to comply with

Rule 401 of the Board’s Procedural Rules.

The Petitioner has failed

to supply the Board with the following information, which prevents

the Board from making a reasonable assessment

in this matter:

(i)

specific identification of the particular

provisions of the Environmental Protection Act or regulations

from which the variance

is sought;

(ii)

a description of the business or activity in

question;

(iii)

the quantity and type of raw materials processed,

and a description of the particular process or activity in which

the raw materials are used;

(iv)

an estimate of the quantity and type of contaminants

discharged;

(v)

data showing the nature and extent of the present

failure to meet the particular provisions from which the variance

is sought;

20—307

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—2--

(vi)

a description of existing and proposed equipment for

the control of discharges;

(vii)

a time schedule for bringing the activity into

compliance;

(viii)

a detailed description of the program to be under-

taken to achieve compliance,

including a time schedule of all

phases involved from initiation to completion and the estimated costs

involved;

(ix)

an explanation of why Petitioner believes the

program proposed will achieve compliance.

(x)

details as to past efforts to achieve compliance

and results achieved.

(b)

A concise statement of why Phe petitioner believes

that compliance with the provision from which variance is sought

would impose an arbitrary or unreasonable hardship, including a

description of the costs that compliance would impose on the

Petitioner and others, information as to the feasibility of alterna—

tives available to abate the violations and their costs.

(c)

The injury that the grant of the variance would im-

pose on the public including the effect that continued discharge of

contaminants will have upon the air, water or land.

(d)

If the Petitioner seeks a delay in complying,

a state-

ment of the reasons for such delay.

(e)

A clear statement of the precise extent of the re-

lief sought.

The Petition is also inadequate in that it fails to show

whether the ambient air quality of the area which would be affected

by the grant of the variance meets the national ambient air quality

standards and whether grant of the variance would interfere with

those air quality standards.

Petitioner also appeals from denial of its application for an

Operating Permit.

However, Petitioner indicates that there are

recent changes

in its manufacturing process which change the facts

upon which the original permit application was based.

The Environ-

mental Protection Agency has not yet acted upon this information.

Therefore,

the Permit Appeal

is dismissed without prejudice.

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—3--

It is the Order of the Board that Bee Chemical Company supply

the Board with the aforementioned information within

45 days of

this Order.

The ninety day decision period shall commence upon the

receipt by the Board of Bee Chemical Company’s Amended Petition.

Failure to timely file said petition shall cause this matter to be

dismissed.

The Permit Appeal is hereby dismissed without prejudice.

IT IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify the above Interim Order was

adopted on the

Ir”

day of

/~

,

1976 by a vote

of

4-0

.

,

Uh~4k

~

Christan L.

fet

lerk

Illinois Pollution

ntrol Board