ILLINOIs POLLUTION CONTROL BOARD

December 12, 1972

2. S. INDUSTRIAL CHEMICALS COMPANY

DIVISION, NATIONAL DISTILLERS AND

CHEMICAL CORPORATION

#72—292

V.

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE

BOARD

(BY

SAMUEL T. LAWTON, JR.):

Motion to modify

the Board’s Order of October 17, 1972, as

amended by supplemental Order of October 24, 1972, by deletion

of the supplemental Order of October 24, 1972 has been filed by

the Company. The October 24, 1972 Order directed that a hearing

be held with respect to testing procedures and conclusions reached

concerning the Company’s monitoring program of SO2 required pursuant

to our original October 14, 1971 Order. The Company’s contention

is that the Order is vague and uncertain and beyond the authority

of the Board. We find the Company’s Dosition wholly lacking in

merit and the motion is accordingly denied. The Agency has filed

a motion with respect to the same provision asking for clarification

rather than deletion, which motion will be acted on at the Board’s

December 19, 1972 meeting.

The Company also asks for deletion of Condition 3 on Page 6

of the October 17, 1972 Order with respect to stack tests. In its

motion, the Company neglects to include the portion of the Order

directing the submission to the Agency of coal analysis, daily

fuel log and such additional information as will enable a calculation

of sulphur dioxide emission based on standard emission factors. This

provision was included in consideration of representations made pre-

viously by the Company and no reason suggests itself why the require-

ments of paragraph 3 should be deleted at this late date. Accordingly,

this portion of petitioner’s motion is likewise denied.

IT IS SO ORDERED.

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

certify that the above Opinion and Order was adopted on the

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day of December, 1972, by a vote of

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449