ILLINOIS POLLUTION CONTROL BOARD

December 13, 1979

INTERLAKE, INC.,

Petitioner,

PCB 79~83

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

Petitioner on April 11, ~1979 requested a variance from

the requirements of Rule 203 of Chapter 2: Air Pollution

until September 30, 1979 and from Rule 206(d) of Chapter 2:

Air Pollution until the Board reached a final decision in

the rulemaking proceeding designated as R78~1. This

variance

concerns the emissions from Petitioner~s basic oxygen furnace

melt shop in Riverdale, The Agency recommended that

relief

from Rule 203 be denied and that relief from Rule 206(d) be

granted.

Later Petitioner moved the Board to dismiss the request

for relief from Rule 203 without prejudice to any legal

arguments

On November 1, 1979 the Board deleted Rule 206(d) of

Chapter 2: Air Pollution, thereby terminating R78~1, This

deletion was filed with the Secretary of State and was

effective on November 8, 1979.

On November 28, 1979 Petitioner urged the Board to

defer final action in this matter until a public hearing is

held which complies with Federal notice requirements. Federal

notice, as described in 40 C.F.R, §51.4 is needed because

Petitioner is requesting relief from Rule 206(d) beyond

July

1, 1979 until November 8, 1979. The period beyond July 1,

1979 requires Federal approval as a revision to the Illinois

Implementation Plan. Federal approval cannot be granted

unless a properly noticed public hearing is held.

The threshold question in this case is whether Petitioner

is entitled to a variance from a rule that no longer

exists.

Petitioner was one of the proponents in R78~1, the

proceeding

in which the Board examined carbon monoxide emissions

from

steel mills. The Board~s findings were summarized in a

Proposed Opinion which was adopted later as the Board~s

final Opinion. (In the matter of: Carbon Monoxide

Emissions

from Steel Mills, R78—1, September 20, 1979, November 1,

1979,) The Board concluded that compliance with the old

37~-9

---

—2—

Rule 206(d) was either impossible or prohibitively expensive.

While Petitioner

and

the other chicago steel mills are

probably contributing to violations of the National Ambient

Air

Quality Standard for carbon monoxide, their contribution

is not significant. Consequently if Rule 206(d) still

• unreasonable hardship.

Since this rule no longer exists, a variance would only

act as a shield from prosecution for the

period

from April

11, 1979 when this proceeding was filed until

November

8,

1979. The Board is generally not inclined to grant variances

unless it has seen a

commitment to come

into compliance. In

this case the logic which supported the Board’s Order in

R78-1 must be employed. Petitioner should not be held

accountable for failure to comply with a rule

which

the

Board

has

now fowd to be

unreasonable.

The

Board

sees no reason to defer a

final decision in

this matter pending the outcome of another public hearing.

The Board will simply condition

this variance on compliance

with Federal notice requirements.

This Opinion

constitutes the Board’s findings of fact

and conclusions of law in this

1.

Petitioner’s motion to dismiss its request for a

variance

from Rule 203 of chapter 2:

Air

Pollution without

2.

Petitioner is hereby granted a variance from Rule

206(d) of chapter 2:

Air

Pollution from April 11, 1979

until November

a) Petitioner shall hold a

hearing in conjunction

with the Agency to receive public comment on

whether this variance should be approved by the

Administrator of USEPA as a revision to the Illinois

c) Within 45 days of the date of this Order, Petitioner

shall execute a certification of acceptance and

agreement to be bound to all the terms

and

conditions

of this variance. The 45 day period shall be held

in abeyance if this matter is appealed. The

certification shall be forwarded to the Illinois

Environmental Protection Agency, 2200 churchill

Road, Springfield, Illinois 62706 and shall read

37—10

---

—3--.

CERTIFICATION

I (We),

having read and fully understanding the Order

in PCB 79—83, hereby accept that Order and

agree to be bound by all of its terms and conditions.

SIGNED

TITLE

DATE

3. The Board hereby retains jurisdiction in this proceeding

so that the additional hearing required by paragraph 2 (a)

of this Order can be held under the Board1s auspices.

IT IS SO ORDERED.

I, Christan L, Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion an Order

were adopted on the

/.3~

day of

___________

1979 by a vote of

TT

Illinois Pollution trol Board

37—11