ILLINOIS POLLTION CONTROL BOARD

January 16, 1973

JOHNS-MANVILLE PRODICTS COR~RATION )

(WAUKEGAN

PLANT)

v.

)

PCB 72-444

VTRONMENTAL PROTECTION AGENCY

OPINION & ORDER OF THE BOARD (by Mr.

Dumelle):

The Johns-Manvifle Products Corporation (“J-M”), on November 10, 1972,

asked the Board to amend Condition 3 of its Opinion and Order entered

September 26, 1972 (PCB 72-2 72). The Board, by a 3-2 vote, docketed the

request as the instant variance which without hearing we grant today to run

with that which it changes, namely PCB 72-272.

Johns-Manville asks that the requirement of Condition 3 that testing

be done ‘by an independent testing organization” be changed to permit the

testing by “thoroughly qualified personnel”

of

the J-M Industrial Hygiene

Laboratory at Waukegan. Johns

-

Manville further state that they have

perfected an alternate test method; that they offer asbestos testing services

to others in the industry on a national scale; and that they prefer to count

fibers near the sampling site to avoid the risk of errors induced by transport.

The Agency recommendation, dated and filed December 14, 1972 terms

the J-M test method as identical with that specified by Board Regulations;

differs with J-M on the necessity to count fibers at the site; and agrees that-

J-M personnel have expertise in asbestos testing. The Agency thus specifi-

cally recommends the grant of the variance to permit testing by J-M personnel.

The Board agrees and grants the variance.

The Agency in its current recommendation asks for a 20-day advance

notice before testing in order to have Agency personnel present if desired.

However,

in its

recommendation filed in PCB 72-272 the Agency asked for

only

7 days notice to witness the tests. Because no reason is given for the

change in time period from 7 to 20 days and because stack testing is so

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dependent upon weather conditions (especially wind) we think it better to

retain the 7 day period and thus achieve more precise weather forecasts.

ORDER

1)

Condition 3 of PCB 72-272 is changed to read as follows:

Where compliance is to be achieved by the installation of air

pollution control equipment, within 30 days of the completed

installation of such equipment, Petitioner shall submit to the

Agency for its approval results of stack tests performed on

such equipment. Testing shall be done in accordance with

Rule 651 by thoroughly qualified personnel of the Johns-

Manville Industrial Hygiene Laboratory at Waukegan. All

aspects of the

testing work shall be totally open to field

observation and check by the Agency. The Agency shall

be notified

7 days in advance of testing so that Agency per-

sonnel may be present, if desired, to observe all aspects

of testing and analysis.

2) The instant variance shall expire in accordance with the dates

listed by source of emissions in the Order of PCB 72-272.

The foregoing constitutes the Board~s findings of fact and conclusions

of law.

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

hereby certify the above Opinion and Order were adopted on the /~“k1ay

of January, 1973 byavote of

..3—ô

hristan L. Moffett,

Q~4J~k

Illinois Pollution Control Board

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