ILLINOIS POLLUTION CONTROL BOARD

May 22, 1986

NESCO STEEL BARREL

)

COMPANY,

Petitioner,

v.

)

PCB 84—81

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by

J. Anderson):

On May 12,

1986, Nesco Steel Barrel Company (Nesco)

filed

a

Second Amended Petition for variance which,

in essence,

recedes

from

its earlier proposed compliance plans.

Instead, the Nesco’s

Second Amended petition includes

a

request for variance from the

requirements of

35

Ill. Adm. Code 215.212

to file

a compliance

plan and project completion schedule, as well as variance from

the applicable emission limitations of

35

Ill.

Adm. Code 215.204

(j)

and 215.211.

While the Board recognizes

the present financial

difficulties Nesco

is experiencing,

the petition nevertheless is

deficient

in a number of

respects:

1.

The Board

has,

in certain instances,

granted short term

variances

so that information necessary

to formulate and schedule

a compliance plan can be gathered.

However,

this petition lacks

a)

sufficient specifity,

in terms of

increments of progress or

time—related plans

for testing and selecting

a compliance

strategy for exterior coatings, and b) any committment

to address

in any fashion, including changed financial circumstances,

compliance related

to interior coatings.

2.

The petition fails

to address the Board’s General

Provision regarding variances generally in 35 Ill. Adm.

Code,

Subpart

B,

and particularly Section 104.122(a).

Unless an amended petition

is filed within 45 days curing

the above—noted defect, this matter will

be subject

to dismissal.

70-3

---

—2—

The Board

also requests

that the

impact of the December

31,

1987 Clean Air Act compliance deadline

be addressed either

in the

third amended petition or

at the required hearing.

IT

IS

SO ORDERED.

I, Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the

~-‘~dayof

~

,

1986,

by a vote of 7-o

~

Dorothy M. ~unn, Clerk

Illinois Pollution Control Board