ILLINOIS POLLUTION CONTROL

BOARD

September 26, 1972

ENVIRONMENTAL PROTECTION AGENCY

V.

)

#

72—144

RICHARDSON CO.

Opinion of the Board on Petition for Rehearing (by Mr.

Currie)

Our order of September 6, 1972 dismissed the Agency~s

complaint for failure of proof, and we are asked to re~

consider it. The Agency urges that

it

proved particulate

emissions in excess of regulation limits. To the extent

this contention refers to

the

Agency~s argument that sources

other than the curing ovens should be controlled, reexamination

confirms our original conclusion that no particulate

emissions from such sources were proved (Ex, 28). To the

extent the claim is that penalties

should be imposed for

emissions from the ovens between

the expiration

of the

Acerp and our grant of a variance reaffirming the initial

program, we think no purpose would be served by imposing

penalties under the circumstances.

Cf.

EPA v.

M.S. Kaplan

Co.

,

#71-50

(July

8, 197?),

The petition for rehearing is

denied.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion on Petition

for Rehearing this 26th day of September, 1972, by a vote

of

5~O.

5

.—

471