ILLINOIS POLLUTION CONTROL
    BOARD
    July 10, 1980
    CATERPILLAR TRACTOR COMPP~NY,
    )
    Petitioner,
    v.
    )
    PCB 80-3
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by D.
    Satchell):
    On June 4,
    1980 Caterpillar Tractor Company
    (Petitioner)
    filed a motion for reconsideration of the Board’s Order of
    May 1,
    1980.
    This Order granted in part Petitioner’s March
    24,
    1980 motion for stay of NPDES permit conditions but denied
    it in other respects.
    The Board acknowledges that its previous
    Order may be in conflict with its Opinion and Order of May 1,
    1980 in Peabody Coal Company v.
    EPA, PCB 78-296.
    The Board’s
    previous Order will therefore be withdrawn.
    The motion
    for
    reconsideration is granted.
    In its motion Petitioner argues that the permit conditions
    are new and discretionary within the meaning of the Board’s Order
    of February
    7,
    1980.
    Petitioner’s arguments may be correct.
    However, the Board will,
    on reconsideration, grant the requested
    stay without addressing these issues in detail since the Environ-
    mental Protection Agency has filed no response.
    The following
    permit conditions will be stayed for ninety days from the date of
    this Order:
    1.
    The mass effluent limitations found in Attachment
    B;
    2.
    Paragraph
    6 of Attachment
    13;
    3.
    Paragraph
    1 of Attachment H;
    and
    4.
    Paragraph 13 of Attachment H.
    IT IS SO ORDERED.
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby certify that the above Order was adopted
    on the /~~±‘~
    day of
    ________,
    1980 by a vote of
    4’..../
    Christan L. Mof ~
    Clerk
    Illinois Pollution Control Board

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