ILLINOIS POLLUTION CONTROL BOARD
    April
    4,
    1975
    MORTELL COMPANY,
    Petitioner,
    v.
    )
    PCB 74—416
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER
    OF
    THE
    BOARD
    (by
    Dr.
    Odell)
    On March 28,
    1975, Mortell Company filed a Motion To
    Amend the variance Order in Mortell Company
    v.
    Environmental
    Protection Agency PCB 74-416 adopted by the Illinois Pollution
    Control Board
    (Board) on March
    6,
    1975.
    Paragraph 5 of that
    Order required that once the first eight bag houses were in-
    stalled,
    ‘~Petitionershall operate only those mixers which are
    equipped with bag houses.”
    Petitioner has completed installation
    of the first eight bag houses several months ahead of schedule.
    The Motion indicates that the last
    five bag houses should be
    delivered by April
    15 and can be operational by May 15, 1975.
    Petitioner requested that we delete paragraph 5 of the March 6
    Order or grant
    a variance fro~’that requirement until May 15,
    1975.
    On April
    2,
    1975,
    the Illinois Environmental Protection
    Agency
    (Agency)
    recommended that the Motion To Amend be denied
    because of the generally hazardous nature of asbestos emissions.
    The Agency did not refute any of the material statements of
    fact in the Motion, namely:
    “6.
    The final
    five bag houses will be installed on one
    ribbon mixer and four caulk mixers.
    The mixers cannot be used
    interchangeably since they are of various sizes and utilize
    different piping,
    screening,
    etc.
    For example, in the one
    ribbon mixer for which
    a bag house has not been installed,
    plastisol sealer is made and that is the only mixer in which
    that product
    is manufactured.
    “7.
    Petitioner
    is presently operating two shifts, five
    days per week.
    It is necessary for Petitioner
    to utilize the
    mixers for which bag houses have not as yet been installed while
    the final five bag houses are being installed if Petitioner
    is
    to avoid laying-off personnel,
    and in order to permit Petitioner
    to maintain its current production schedule.”
    The fact that the mixers cannot be used interchangeable
    was not brought out at the January
    21,
    1975,
    hearing.
    Since the
    16—303
    —2—
    Agency did not challenge the above allegations in the Motion
    To
    Amend,
    we take them as true for purposes of this Order.
    We grant the Motion To Amend.
    Petitioner
    is making good
    faith efforts to comply as rapidly as possible, and additional
    facts have been brought out making modification of Order #5
    appropriate.
    ORDER
    Paragraph #5 of the Board’s Order of March
    6,
    1975, in
    Mortell Company v. Environmental Protection Agency PCB 74-416
    is amended to read as follows:
    5.
    Upon completion of the first eight bag houses,
    Petitioner shall operate as much as is reasonably possible
    only those mixers which are equipped with bag houses.
    After
    May 15, 1975,
    only mixers equipped with bag houses shall be
    operated.
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was ad-
    opted on the
    ‘I~’~”
    day of
    j.
    ,
    1975,
    by a vote of
    3
    to~
    Christan L. Mo~~t
    IR
    —304

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