ILLINOIS POLLUTION CONTROL BOARD
    August 4, 1988
    SIMKINS INDUSTRIES, INC.,
    Petitioner,
    v.
    )
    PCB 87—181
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On July 21, 1988, Simkins filed a Motion for Modification
    and Request for Supplemental Hearing. That motion seeks to
    modify a June 16, 1988, Order of the Board which granted Simkins
    relief, until May 31, 1989, from certain regulations governing
    the emission of ozone precursors. Simkins seeks modification by
    extending the relief from May 31, 1989, until May 31, 1993.
    Simkins for the first time proposes compliance by means of a
    recently filed site—specific rule change. On July
    29, 1988, the
    Illinois Environmental Protection Agency (“Agency”) filed a
    response in opposition to the motion to modify.
    Simkins filed a
    reply on August 3, 1988.
    The Board will deny the motion for modification, but will
    docket the request with a new docket number and allow Simkins to
    pursue its request
    in the new proceeding.
    In this manner,
    Simkins may retain the protection
    of the previously granted
    variance should Simkins choose to sign the certificate of
    acceptance.
    The Board will incorporate the present record into
    the new docket.
    Siinkins originally requested a one—year variance from the
    regulations that apply to its Cicero facility;
    the Board granted
    a one—year variance.
    Now, however, Simkins requests that the
    Board extend the term of the variance from one year to five
    years.
    This the Board cannot do within the instant docket.
    Prior to Simkins’ present request, no evidence has been presented
    within the instant docket which would allow the Board to evaluate
    the merits of Simkins’ request.
    r4oreover, if a petitioner wishes
    to seek variance based on new information, it must do so in a new
    petition so as to allow the Agency and other participants
    the
    ability to carefully assess the new
    information through the
    procedures provided ~or in
    the standard comment, recommendation,
    and hearing process (Village of Lemont v. IEPA, PCB 85—54, 72 PCB
    81; Citizens Utilities
    Company
    of Illinois v. IEPA,
    PCB 86—185,
    76 PCB
    353;
    General Tire, Inc. v. IEPA, PCB 86—224, March 10,
    1988, Slip op. at 1).
    9 1—83
    —2—
    Simkins original grant of variance provided that the
    variance would be null and void if Simkins did not sign the
    certificate
    of acceptance within 45 days.
    That Order is modified
    to the extent that Simkins is granted 45 days from
    the date of
    the present Order to sign the certificate of acceptance.
    If
    Simkins declines to do so, that variance is null and void.
    In summary,
    the Board denies the motion to modify the June
    16, 1988,
    variance. The Board does extend the time for signing
    the certificate
    of acceptance until 45 days from today’s date.
    The Board hereby redockets Simkins motion for modification as a
    new proceeding (PBC 88—121) and directs that all future filings
    be made in that docket.
    IT IS 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 ________________________, 1988, by a vote
    of
    7-0
    .
    Dorothy M. 4(inn, Clerk
    Illinois Pdllution Control Board
    91—84

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