ILLINOIS POLLUTION CONTROL BOARD
August 4, 1988
SIMKINS INDUSTRIES, INC.,
Petitioner,
v.
)
PCB 87—181
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by B. Forcade):
On July 21, 1988, Simkins filed a Motion for Modification
and Request for Supplemental Hearing. That motion seeks to
modify a June 16, 1988, Order of the Board which granted Simkins
relief, until May 31, 1989, from certain regulations governing
the emission of ozone precursors. Simkins seeks modification by
extending the relief from May 31, 1989, until May 31, 1993.
Simkins for the first time proposes compliance by means of a
recently filed site—specific rule change. On July
29, 1988, the
Illinois Environmental Protection Agency (“Agency”) filed a
response in opposition to the motion to modify.
Simkins filed a
reply on August 3, 1988.
The Board will deny the motion for modification, but will
docket the request with a new docket number and allow Simkins to
pursue its request
in the new proceeding.
In this manner,
Simkins may retain the protection
of the previously granted
variance should Simkins choose to sign the certificate of
acceptance.
The Board will incorporate the present record into
the new docket.
Siinkins originally requested a one—year variance from the
regulations that apply to its Cicero facility;
the Board granted
a one—year variance.
Now, however, Simkins requests that the
Board extend the term of the variance from one year to five
years.
This the Board cannot do within the instant docket.
Prior to Simkins’ present request, no evidence has been presented
within the instant docket which would allow the Board to evaluate
the merits of Simkins’ request.
r4oreover, if a petitioner wishes
to seek variance based on new information, it must do so in a new
petition so as to allow the Agency and other participants
the
ability to carefully assess the new
information through the
procedures provided ~or in
the standard comment, recommendation,
and hearing process (Village of Lemont v. IEPA, PCB 85—54, 72 PCB
81; Citizens Utilities
Company
of Illinois v. IEPA,
PCB 86—185,
76 PCB
353;
General Tire, Inc. v. IEPA, PCB 86—224, March 10,
1988, Slip op. at 1).
9 1—83
—2—
Simkins original grant of variance provided that the
variance would be null and void if Simkins did not sign the
certificate
of acceptance within 45 days.
That Order is modified
to the extent that Simkins is granted 45 days from
the date of
the present Order to sign the certificate of acceptance.
If
Simkins declines to do so, that variance is null and void.
In summary,
the Board denies the motion to modify the June
16, 1988,
variance. The Board does extend the time for signing
the certificate
of acceptance until 45 days from today’s date.
The Board hereby redockets Simkins motion for modification as a
new proceeding (PBC 88—121) and directs that all future filings
be made in that docket.
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
‘/~
day of ________________________, 1988, by a vote
of
7-0
.
Dorothy M. 4(inn, Clerk
Illinois Pdllution Control Board
91—84