ILLINOIS

POLLUTION

CONTROL BOARD

September

6,

1972

IN THE MATTER

OF:

)

PROPOSED REGULATION MODIFYING

REGULATIONS WITH RESPECT TO

)

#R72-15

CONTROL OF AIR POLLUTION FILED

BY METROPOLITAN INCINERATOR

ASSOCIATION AND THE INCINERATOR

INSTITUTE OF AMERICA

OPINION AND ORDER OF THE BOARD

(BY SAMUEL

T,

LAWTON,

JR.)

On August 31,

1972 the Board received

a letter from Robert A.

Carrane of

the

law

firm

of

Elliott, Carrane, Uruba

& Wayt on behalf

of the Metropolitan

incinerator Association and

the Incinerator

Institute of America stating that the

associations were

urequesting

a hearing by the Pollution Control Board for the purposes of extend-

ing the time to comply with the

air

regulations set down by your

Board which were effective April

15,

1972.

Neither association in

any way is agreeing or acquiescing to any of

the regulations outlined

but is

merely

requesting

that an extension of time be provided until

April,

1974

for

compliance

or

further

study

of

said

regulations.”

The reasons

ascribed

for

the

“imperative

need

for such an

ex~

tension” are the nature of the testimony given at the hearings,

the

unrealistic

character

of

the carbon monoxide limitations and

testing procedure, the fact that the regulations with respect to

incinerators exceed the Federal standards,

the need for more time

to determine whether compliance is possible consistent with the

ability

to manufacture a marketable incinerator, the likelihood of

loss resulting from the scrapping of inventory

if compliance is

required,

the difficulty

in complying with the permit requirements

within the time specified and the need for additional time for

further study and research,

during which time manufacture and in-

stallation of incinerators should continue, presumably independent

of

the restrictions

imposed

by the regulations.

The letter

is,

in effect,

a petition for new hearings on

the

regulations which petition

is denied.

All matters alluded to have

been considered

in detail

at

the lengthy hearings held prior to the

adoption of

the

regulations

in which representatives

of the

incin-

erator

industry actively participated and whose views were carefully

considered.

We are not disposed

to reopen the entire matter for re-

consideration,

(See Opinion

In Matter

of Petition of Metropolitan

Sanitary District

for Amendment

of Certain Water Quality Standards,

#R72-4.)

To the extent consistent

with

the

law and regulations,

5

—

407

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variance petitions will

be considered in individual cases of

alleged hardship when such petitions are properly brought before

the Board.

However,

a blanket variation filed on behalf of a trade

association is not deemed appropriate and to the extent the present

petition

could

be

considered

a

variation

application

for

the

entire

incinerator

industry,

said

petition

is

denied.

IT

IS SO ORDERED.

I, Christan Moffett, Clerk of the Illinois Pollution Control

Board, certify that the Board adopted the above Opinion and Order

on the ______day of September,

1972,

by a vote of

4/

to

0

-2-

5

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