ILLINOIS POLLUTION CONTROL BOARD

April

8,

1976

THE SHERWIN-WILLIAMS COMPANY,

)

Petitioner,

v,

)

PCB 75—268

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF

THE

BOARD

(by Mr. Dumelle):

On December 18, 1975 the Board issued its Opinion

and

Order

in the above-captioned matter.

On January

21, 1976 Petitioner

Sherwin-Williams Company

(Sherwin-Williams) filed before the

Board a motion

to reconsider and to reverse that decision or

remand the matter for further hearings.

On February

2,

1976

the Environmental Protection Agency

(Agency)

filed a response

to Sherwin—Williams’ motion,

a motion to dismiss that motion,

and a motion to reconsider that part of the Board’s December 18,

1975 Opinion and Order which concerns Rule 205(f)

of the Board’s

Air Regulations.

On February

2,

1976 Sherwin-Williams filed

a reply to the Agency’s response.

IT

IS THE ORDER OF THE BOARD THAT:

I.

Petitioner Sherwin-Williams Company’s motion to reconsider

is hereby denied.

2.

The Board hereby grants Respondent Environmental Protection

Agency’s motion to reconsider.

The Board hereby deletes

that portion of paragraph

3 on page

3 of the Opinion and

Order as

is indicated as follows:

Petitioner also argues that it is governed by Rule

205(f) rather than Rule 205(g) (1) (C).

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21—35

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—2—

The deleted portion of paragraph

3 on page

3 of the

Opinion and Order is replaced so that the entire

paragraph shall read as follows:

Petitioner also argues that it

is governed

by Rule 205(f) rather than Rule 205(g) (1) (C).

Rule 205(f)

is material to this proceeding

only to the extent that Petitioner can show

that its application would prevent the

application of Rule 205(q) (1) (C)

.

However,

Petitioner fails

to show that Rule

205(f)

is more directly applicable

to its process

or that it would not apply concurrently

in any regard.

As both of these rules could

apply to the same process, the Board need not

rule on the applicability of Rule 205(f).

Please note that these two rules are not

redundant.

Rule 205(f)

is expressed in

terms

of total weight while Rule 205(g) (1) (C)

is

expressed as a concentration.

Mr. Goodman abstains.

IT

IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted on the

~~‘1

day

of April,

1976 by a vote of

4/_p

Christan

L. Moffet /jc)lerk

Illinois Pollution ~trol

Board