ILLINOIS POLLUTION CONTROL BOARD

February 4, 1988

MODINE MANUFACTURING

COMPANY, INC.,

Petitioner,

v.

)

PCB 85—154

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by IL C. Flemal):

This matter comes before the Board upon a Motion to Amend

and Modify filed by Modine Manufacturing Company, Inc. (“Modine”)

on January 25, 1988. Modine moves the Board to amend and modify

its Opinion and Order entered December 22, 1987 which, inter

alia, granted the variance from October 16, 1985 to December 31,

1987.

Specifically, r4odine requests that the Board modify the

commencement of variance to March 1, 1985, the date of expiration

of the previous variance granted in PCB 82—111 (58 PCB 207).

Modine further requests the Board to allow it to amend its

variance petition to now include a compliance date of July 15,

1988, and that the Board then modify the variance which expired

December 31, 1987 to expire on July 15, 1988. Modine further

requests that the Board extend the time period for filing its

acceptance of the variance in this matter to within 45 days after

the date of the Board’s ruling on this motion.

The Board finds that the dates of the variance as granted

have sufficient justification in light of the facts and

circumstances of this proceeding as discussed by the Board in its

December 22, 1987 Opinion and Order. The Board further notes

that Modine has currently filed with the Board a site—specific

rule change, R87—36; and a new variance petition, PCB 88—25; both

of which involve the subject of the variance in this

proceeding. The Board believes it best for Modine to proceed

under those dockets. The Board accordingly denies Modine’s

Motion to Amend and Modify, except that Flodine may file its

acceptance, in the form set forth in the December 22, 1987

Opinion and Order, within 45 days of the date of this Order.

86—39

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—2—

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, I~erebycertify that ~he above Order was adopted on

the

~

day of

__________________,

1988, by a vote

of

~7—o

Dorothy M. unn, Clerk

Illinois Pollution Control Board

86—40