ILLINOIS POLLUTION CONTROL BOARD
    March 7,
    1996
    ALLIED TUBE
    & CONDUIT
    )
    CORPORATION,
    )
    )
    Petitioner,
    )
    PCB 96-108
    )
    (Permit Appeal
    -
    Air)
    v.
    )
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by M. McFawn):
    This matter is before the Board on a motion for reconsideration, with supporting affidavit,
    filed by petitioner Allied Tube & Conduit Corporation (Allied) on February 22,
    1996.
    In its
    motion,
    Allied requests
    that the Board reconsider its January
    18,
    1996 order which denied
    Allied’s request that the contested conditions in its permit be stayed during the pendency ofthis
    appeal.
    These conditions,
    identified as conditions 4(a),
    5(a),
    and 7(a) in Allied’s permit, impose
    monthly limits on Allied’s emissions.
    The Illinois Environmental Protection Agency (Agency)
    has not filed a response to the motion.
    Allied asserts that the Agency has not previously objected
    to the requested stay, and has represented to Allied that it will not object to a stay.
    In support of its motion, Allied states it is not able to operate under normal conditions in
    compliance withthe monthly limitations.
    Allied asserts that the Agency
    derived the monthly
    emissions limitations from the previous year’s production data.
    Allied
    states that variations in
    customer demand have made compliance with the monthly limits difficult, and that it is in
    continuous risk ofviolating the monthly
    limitations since they do not correlate with its current
    operations.
    Allied
    states that it is ajob shop, with variations in production based on changes in
    customer demand, which result in corresponding changes in its emissions.
    Allied asserts that its
    monthly emissions from October to December 1995
    do not correlate with its monthly emissions
    from October to December
    1994.
    Allied asserts that it cannot ensure
    consistent compliance with
    the monthly limits without curtailing operations, despite its ability to meet annual limits.
    Allied
    also asserts that the recordkeeping requirements attendant to the monthly limits require Allied to
    spend several hours each day inputting and downloading data, which is unduly burdensome.
    Allied asserts that granting the requested stay will provide it the flexibility necessary to
    operate while this permit is on appeal.
    Allied asserts that itwill continue to comply with the
    2
    permit’s annual limitations, which are to be determined on a monthly basis from the sum ofthe
    data for the current month plus the preceding
    11
    months.
    In sum, Allied has asserted that complying with the contested conditions during the
    pendency ofthis appeal will cause Allied undue hardship,
    and the Agency has not disputed these
    assertions. The Board finds that,
    in this motion, Allied has explained its need for the requested
    stay.
    Accordingly, the motion for reconsideration
    is granted, and conditions
    4(a),
    5(a),
    and 7(a)
    in Allied’s permit will be stayed during the pendency ofthis appeal.
    ITIS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board,
    hereby certify that the
    above order was adopted on the
    ~
    day of
    ~
    ~,4’
    ,
    1996, by a vote of
    1-c
    Dorothy M. Qi~m,
    Clerk
    Illinois Pollii~onControl Board

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