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.