ILLINOIS POLLUTION CONTROL BOARD

March

22,

1971

MIDSTATE FOUNDRY CO.

v.

)

PCB#70—53

ENVIRONMENTAL PROTECTION AGENCY)

Opinion and Order of the Board

(by Mr.

Currie):

Midstate petitioned for

a sixty-day extension of its air contam-

inant emission reduction program

(ACERP)

for installing

a scrubber

to reduce particulate emissions from a small iron foundry cupola.

Attached to the petition were several letters from suppliers making

clear that the rather small delay in completion was due to problems

of the company’s suppliers and not to any default of Midstate itself.

We did not authorize

a hearing, believing it probable on the basis

of the petition that the variance could be granted on the basis of

a favorable Agency recommendation alone.

The Agency filed its reco~endation March 18, observing that the

installation has since been completed and enclosing a letter from

Midstate asking that its petition be withdrawn since no further extension

is needed.

We do not believe

the case is moot in the technical

sense,

since

a variance grant today would immunize the company from

any future prosecution

for delay and since

in

addition we have

the

power to impose penalties

as

a condition

of

a variance in order to

deter delay and to reduce litigation.

See Marquette Cement Co.,

v,

EPA,

#70-23

(Jan.

6,

1971),

In this

case, however, we think the

record suggests no reason to penalize the company since the relatively

small delay was beyond its control,

and accordingly we accept the

withdrawal of

the petition and dismiss the proceeding.

This opinion constitutes the Board’s findings of fact,

conclusions

of

law, and order,

(Mr.

Dumelle will

file

a concurring opinion)

I,

Regina

E,

Ryan,

do hereby certify that the above Opinion and Order

was approved

this

22nd

day of March

,

1971.

~1~EGIt~JA

E,

RYAN’

CLERK OF THE BOARD

1

—