ii~L~iJ~OIS

POLLUTION CONTROL BOARD

December

8,

1977

REICHHOLD

CHEMICALS,

INCORPORATED,

)

Petitioner,

v.

)

PCB 73-~539

74—111

ENVIRONMENTAL PROTECTION AGENCY,

)

(CONSOLIDATED)

)

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

Reichhold Chemicals,

Incorporated

(Reichhold),

originally

filed, a Petition for Variance with the Board on December

18,

1973,

requesting relief from the carbon monoxide emission limitations

in

Rule 206(c)

of Chapter

2:

Air Pollution.

On March

25,

1974,

Reichhold filed a Permit Appeal Petition dealing with essentially

the

same

matters,

and on March 28, 1974,

the Board entered an

Interim

Order consolidating the two cases.

On

December

5,

1977,

Reichhold filed a Motion asking that the

Variance

matter, PCB 73~539 be dismissed without prejudice,

and

that the

Permit Appeal,

PCB 74-111, be resolved by an Order direct-

ing that the

appropriate permit be issued; both requests

in the

Motion were based on an expectation that the Board would take final

action on a pending Regulatory matter, R75-9 et al,,

“Carbon

Monoxide.”

We have

today taken such final action in that regulatory matter,

our action

being apparently consistent with a Regulatory Petition

filed by Reichhold.

However,

that action does not require that all

of the relief

requested by Reichhold’s Motion be granted.

While we

agree that

dismissal without prejudice would be appropriate for the

Variance matter, we do not agree that we should order any Permit

issued.

Instead, we shall allow Reichhold an opportunity to submit

a new

permit application, taking into account our regulatory action.

Inasmuch as no

enforcement cases appear to be pending for the

period since

the Permit appeal was filed, we shall also dismiss it

without prejudice.

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343

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Reichho1d~sMotion

is granted insofar as

it seeks dismissal

of PCB 73- 539 without prejudice, and denied as

to other relief

sought.

On the Board’s own Motion, PCB 74-ill nhall also be dis-

missed, without prejudice.

IT IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution Control

Boar~L1, hereby certify the above Order was adopted on the

day

~

1977 by a vote of

~

~4J~

Christan L. Moff

Clerk

Illinois Polluti

ontrol Board

28

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344