ILLINOIS POLLUTION CONTROL BOARD

July

18,

1972

CI~ICAGO-DUBUQUEFOUNDRY CORP.

v.

#

7i-~309

ENVIRONMENTAL PROTECTION AGENCY

Opinion

&

Order

of

the

Board

(by

Mr.

Currie)

On

October

14,

197:1,

we

granted

a

variance

to

permit.

particulate

emissions

in

excess

of

regulation

limits

until

May

12;

1972,

during

construction

of

emission

controls

on

the

petitioner’s

cupola

in

East

Dubuque.

This

date

was

later

extended

to

July

12,

1972,

because

of

delays

by

equipment

suppliers

which

we

found

to

be

beyond

the

company’s

control

(Chicaqo-Dubuque

Foundry

Corp.,

#71—309,

Oct.

14,

1971,

and

May

10,

1972).

We have since

receivef

another

stipulation

signed

by

both

the

company

and

the

Environmenta:L

Protection Agency asking us

to

extend

the date

further

to

Sept

12,

1912

for

s.ie

sane

-Eas~

O~

d4r&fl~13I

has

a~sj

beer

~~1eo

~o

a

third

stipulation ny

which

the

parties

last

December

had

asked

us

to

modify

the

October

order

in

respect

to

studying

controls

for

the

shakeout

area,

because

of

new

commitments

by

the

company.

sy

oversight we have not passed upon this

latt.er

request.

Although the date

was

extended to July on

the

basic; of

just

such

a stipulation,

further

reflection

persuades

us

that

such

a procedure is not consistent

with

the careful procedural require-

ments set up by

the Environmental Protection

Act

for purposes

of

encouraqing

citizen

marticipaticn.

We

express

no

doubts

as

to

the

good

faith

of

either

the

company

or

the

Agency

:~nattempting

to

avoid

unnecessary

complexity

in

passing

upon

what

appears

to

be

a

routine

request,

but

we

think

it

important

that

the

statutory

procedures

be

followed,

The

requests

before

us

are

neither

more

nor

less

than petitions for additional variances.

When such

a

petition

is

filed,

the

statut.e

requires

certain

public

notices

to

be

given

and

the

opportunity

for

public

comment

afforded.

A

new

number

should

be

assigned

to

the

requests

for

extension

and

modification,

the

proper

notices

given,

and

our

action

postponed

pending

possible

public

comment

in

the

21—day

period

provided

f or

by

statute.

Cf~

Marquette

Cement Mfg.

Co. v~EPA,

#71-296

(Dec.

21,

1971)

;

John

T.

LaForge

Co.

v.

EPA,

#71—286

(Dec.

21.

1971)

,

Itis

so

ordered~

I.

Christan

Moffett,

Clerk

of

the

Board,

cerjifv

that

the

Board

adopted

the

above

Opinion

and

Order

this~Lf~

day

of

July,

1972

dv

a

vote

of

~