ILLINOIS POLLUTION CONTROL BOARD

October 10,

1972

BABBITRITE PRODUCTS CO.

)

v.

)

#

72—294

)

ENVIRONMENTAL PROTECTION AGENCY

)

OPINION AND ORDER OF THE BOARD

(by Mr.

Currie):

The

amended petition states that a permit issued by

the

Environmental Protection Agency requires submission of test data on

asbestos emission controls by July

16,

1972;

that tests were taken by

:;hat

time;

but

that

renorts

cannot

be

submitted

until

early

August.

Extension

of

the

time

allowed

was

sought.

the

Agency has not filed

its

recommendation,

and

the

90—day

period

in

which

we

must

decide

the

case

has

almost

expired.

The

period

for

which

the

variance

was

requested

has

also

expired,

and

there

seems

to

ha

no

oresent

controversy

as

to

~hecher

the

~ato

filing

was

~ustified,

In

the

unhikeir

event

an

enforcement

action

is

riled

on

the

basis

of

a

i:ew

hays

delay,

we

can

“nejeer

e

c”rroaqv

5

astt1cat~3n

at

flat

~me

0

t1’B

cresent

facts

oi.~et~etiticn is

dismissed

as

moot

Christen

I.

boffert,

Clerk

of

the

Tollution

Control

hoard,

~-

at

~

‘~oa u

edonted

ne

~e’re

~‘~1P1on

anL

Orcer

n

I

Ce

____

lanai

~

1972

bvavoteof

____