ILLINOIS POLLUTION CONTROL BOARD
    January
    10,
    1980
    AMERICAN HOECHST CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 79—43
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF
    THE
    BOARD
    (by Mr. Goodman):
    Petitioner’s Motion to Vacate or Alternative Relief filed
    December
    17,
    1979
    is denied.
    On November
    15, 1979 the Board denied Petitioner a
    variance from Rule 203(g)(1)(B)
    “for such period as may be
    necessary to secure a permit for
    its
    Ottawa facility’s two
    (2) Babcock and Wilcox FF15-32 chain grate stoker coal fired
    boilers” in large part because Petitioner had not demonstrated
    that compliance with Rule 203(g)(1)(B) would constitute an
    arbitrary
    or unreasonable hardship.
    Petitioner now seeks to
    vacate that order because changes subsequent to the date of
    filing of that petition “have contributed to a significant
    reduction
    in the particulate emissions from its smokestack”
    and because
    “Petitioner believes its present operations are
    well within the standards of Board Rule 203(g)(2)(B)”
    -—
    “...
    all indicators are that Petitioner
    is and will continue
    to meet the standards set by the
    Board.”
    Petitioner alleges the hardship that it
    is now left in
    technical violation of the Act and Board regulations “although
    Petitioner believes that,
    in actuality,
    its Ottawa plant is
    operating well within the parameters of such ~ct and
    ...
    Reg-
    ulations.”
    Petitioner alleges that the finality of the Board’s
    November 15,
    1979 order creates the “anamoly” that its opera-
    tion would be subject to penalties although in compliance with
    the
    law.
    Such concerns may constitute defenses to enforcement
    cases,
    but they do not evidence need for a variance.
    Petitioner again shows that no arbitrary or unreasonable
    hardship is being imposed upon
    it.
    Petitioner~smotion
    is
    denied,
    including the requested alternative relief of a
    rehearing on its variance petition.
    IT
    IS SO ORDERED.
    37—115
    —2-
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Order was adopted on
    the 10th day of January, 1980 by a vote of
    4~.-O
    Christan L. Nof~et~,
    rk
    Illinois Pollution Co
    rol Board
    37—116

    Back to top