ILLINOIS POLLUTION CONTROL BOARD
    May 8,
    1975
    JOSLYN MFG.
    AND
    SUPPLY COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 74—427
    ENVIRONMENTAL PROTECTION AGENCY,)
    Respondent.
    ORDER OF THE BOARD
    (by Dr. Odell)
    On February 14,
    1975,
    in Joslyn Mfg. and Supply Company
    v. Environmental Protection Agency PCB 74—427, _________PCB
    ________
    (February 14, 1975), the Illinois Pollution Control
    Board
    (Board)
    granted Petitioner a variance from November 14,
    1974, until June 30,
    1975,
    from Rule 203(a)
    of the Air Pollution
    Regulations.
    This Rule became effectiveDecember 31,
    1973.
    The
    Board refused to grant the variance for a full year as requested
    by Petitioner because “Petitioner did not submit any evidence to
    justify this delay of almost one year before requesting the
    variance or seeking to achieve compliance.”
    On March 12, 1975,
    Petitioner moved that the Board amend its Order to grant the
    variance until November 19,
    1975.
    To support its position, Joslyn
    Mfg. and Supply Company filed supplemental information with its
    March 12 request and also on March 21, 1975.
    The additional information reveals that at a meeting on
    November 26,
    1973, between the Petitioner and the Illinois
    Environmental Protection Agency
    (Agency)
    the possible need for
    control equipment at Petitioner’s facilities was discussed.
    Petitioner agreed to undertake tests for particulates
    to see
    whether controls for its emissions were necessary.
    Coincident
    with this meeting was the November decision by Joslyn Mfg. and
    Supply Company to expand its facilities to meet 1974 demands.
    It
    was decided at this time to seek approval to install pollution
    control equipment for the present and proposed equipment.
    In
    April 1974,
    the Board of Directors approved expenditures
    of
    $200,000 to cover the total cost of such equipment.
    Although
    Petitioner believed in the fall
    of 1974 that its uncontrolled
    emissions from existing equipment complied with applicable limita-
    tions,
    it decided to apply for a variance after receiving an
    Agency letter in October 1974.
    Apparently the tests discussed
    with the Agency
    in November 1973 were never conducted.
    The additional information indicated that control equipment
    was ordered on February 28, 1975.
    Petitioner estimated the time
    necessary for installment to be as follows:
    16 —581
    “8 weeks to prepare general arrangement drawings,
    2 weeks to check and approve drawings.
    12
    weeks for fabrication and delivery.
    8 weeks for erection of equipment.
    4 weeks for shakedown and start up.
    34 weeks total”
    Petitioner
    stated that “using the week of March
    3 as the first
    week this would give us an on~streamschedule the week of October
    27,
    1975.”
    We grant the motion to the extent that we shall extend the
    grant of the variance from June 30,
    1975,
    through July 31,
    1975,
    Until April
    15,
    1975,
    the submitted data would have allowed the
    Board to decide whether a longer extension of the variance should
    be granted,
    However,
    on that date,
    the United States Supreme
    Court announced its decision in Train v. Natural Resources Defense
    Council 43 LW 4467
    (April 15, 1975),
    In that Opinion the Court
    ruled that states can grant variances from their Implementation
    Plans provided that national primary ambient air quality standards
    are not violated.
    Pursuant to Section 110(a)
    of
    thE. Amended Clean
    Air Act of 1970,
    •42 U.S.C.
    Section l857c~.5(a)(3), data must be
    brought forth to establish compliance with the applicable standards,
    No such data have been submitted; therefore,
    the Board cannot ex~
    tend this variance beyond July 31,
    1975.
    The Board’s Order of February 15,
    1975,
    is amended,
    in
    pertinent part,
    to read
    Joslyn Manufacturing and Supply
    Company is granted a variance from Rule 203(a)
    of the Air Pollution
    Regulations from November 14,
    1974,
    to and including July 31,
    1975,
    The four conditions to the grant of that variance shall
    remain in full force and effect.
    IT IS SO ORDERED,
    Mr. Dumelle dissents.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Bo~rd,hereby certify that the above Order was adopted on the
    ~
    day of May,
    1975, by a vote of
    Christan L. Moff~qCTetk
    Illinois Pollutiorf’~ontrolBoard

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