ILLINOIS POLLUTION CONTROL BOARD

June 20, 1974

I

ELIZABETH STREET FOUNDRY,

INC.

Petitioner,

v.

PCB74—200

ENVIRONMENTAL PROTECTION AGENCY

J

Respondent.

I

OPINION AND ORDER OF THE

BOARD

(by Mr. Henss):

I

On October 22, 1973 Elizabeth Street Foundry filed its

Petition requesting the Board to extend the time for compliance

with our previous Order

(installation of pollution control

devices)

from October

1,

1973 until January

15,

1974.

Petitioner’s

compliance plan calls for the installation of an afterburner on

its stack followed by a stack test to determine compliance with

Rule 2-2.54 of the Rules and Regulations Governing the Control

of Air Pollution.

Because of inadequacy

of gas pressure the

company will use a gas booster pump sufficient to satisfy the

afterburner requirements.

In the current Petition Elizabeth Street Foundry stated

that the afterburner and related controls ~were being fabricated

but

could

not

be

expected

before

November

15,

1973

and

that

the

gas booster pump would not be available from the supplier until

December 10,

1973.

These delays, according to Petitioner,

occurred because of a strain on the production capabilities of

companies manufacturing pollution control devices or components.

In addition, the compliance program allegedly suffered because

James

B.

Troy,

Chief Executive Officer of Elizabeth Street Foundry,

contracted viral pneumonia in August causing him to be absent for

substantial periods of time.

There was nothing in the original record to indicate that

Elizabeth Street Foundry had created any air pollution nuisance

in the neighborhood.

We believe the delay in receipt of the

equipment was beyond Petitioner’s control.

Therefore,

it is

our

conclusion

that

the

extension

of

time

should

be

allowed.

12—605

---

—2—

In

addition,

we

find

that

due

to

a

docketing

error,

the

90

day

period

for

action

by

the

Board

has

elapsed.

Therefore,

Petitioner

could

deem

its

variance

request

granted

by

operation

of law under the provisions of Section 38 of the Environmental

Protection Act.

For the reasons specified in this Opinion the Petition

is granted.

ORDER

It is Ordered that the period of time for the complete in—

stallation of the afterburner and related components and for

the

results

of

the

stack

test

to

be

filed

with

the

Board

be

extended

to

January

15,

1974.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois Pollution Control

Board,

hereby

certify

the

above

Opinion

and

Order

yias

adopted

this

~p’14

day of

1974 by a vote of ~

to~2.