ILLINOIS POLLUTION CONTROL BOARD

September 6,

1972

GRANITE

CITY STEEL CO.

v.

)

#72—363

ENVIRONMENTAL PROTECTION

)

AGENCY

)

OPINION AND ORDER OF THE BOARD

(by SAMUEL

T. LAWTON,

JR.)

Rule 103 of the newly adopted regulations with respect to

the control of air pollution made provision for the application

and issuance of operating permits for certain specified industries.

Ru.le(b)(2) (A)provides that primary metal industries obtain an

operating permit by November 1,

1972.

Section(B)provides that

applications for operating permits shall be submitted to the

Agency 90 days prior to the date on which an operating permit

is required provided, however, that the Agency may waive the

90 day requirement “when appropriate” and that if necessary to

prevent an unmanageable workload as may be deemed appropriate,

the Agency may extend the dates by which operating permits are

required under Section A for a period not to exceed four months.

On August 30th we received copies of a petition filed by

Granite City Steel Co. with the E.P.A.

requesting waiver of the

above provisions.

On August 31,

1972 we received a petition for

variance from Granite City Steel Co.

with

respect to the same

provisions of the regulation which petition requested a twelve

month extension from September

1,

1972 for the filing of an

application for operating permit and for a variance from the

provisions requiring operating permits

to be obtained by November

1,

1972 for primary metal industry operation for a period of sixty

days beyond the last day upon which an application for permit

could be filed pursuant to the variance request with respect to

the filing of application for permit above set forth.

The alleged

hardships justifying the variance are set forth but because we

believe the petition for variance to be premature, we do not

consider them on the merits.

The Section in question establishes administrative procedure

allowing for extension of both the time for application for permit

and the date by which it must be obtained.

Petitioner has correctly

pursued this route by its petition of August 30th filed with

the

E.P.A. and by pursuing this route has recognized that the Agency

is in the first instance the entity to which such requests should

be directed.

5

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403

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Until petitioner has pursued its administrative remedy

before the Agency to modify the time schedules set forth in

the regulation, any proceeding before this Board with respect

to the Section involved is premature and accordingly the petition

for variance is dismissed without prejudice.

It is so ordered.

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

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

on the

~

day

~

1972 by a vote of 4-0.

) ~

5

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404