ILLINOIS POLLUTION CONTROL BOARD
July
31,
1975
NATIONAL BY-PRODUCTS,
INC.
Petitioner,
v.
)
PCB 75—238
ENVIRONMENTAL PRDTECTION AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Goodman):
This matter cc’m~sbefore the Pollution Control Board
(Board)
upon Nat.Lonal By-Products’
(National)
June
11,
1975,
petition for ext2rlsion of variance granted it November
7,
1974
in PCB 74-322.
In the previous action, Petitioner was
granted
a variance from Section 9(a)
of the Environmental
Protection Act and Rule 802(b)
of the Air Pollution Regula-
tions
for its Decatur, Illinois, reducing plant until June 15,
1975.
At that time National was
to have completed construc-
tion of its new rendering plant in Mason City,
thereby
enabling it to clo~.ethe Decatur plant.
Petitioner alleges, and the Agency agrees,
that it has
made
a good faith effort to comply with the proposed compli-
ance plan.
However, due
to delays in delivery of equipment
and a strike by
~i
local painter’s union, National will not
be able
to close the Decatur plant until July 15,
1975.
The Board finds that in as much as National has acted
in good faith in attempting
to comply with its compliance
plan and the variance
is of short duration,
it will be
granted.
This Opinion constitutes the Board’s findings of fact
and conclusions of
law in this matter.
ORDER
It is the Oider of the Board that National By-Products,
Inc.
be granted a variance from Section
9(a)
of the Environ-
mental Protection Act and Rule 802(b)
of the Air Pollution
Regulations until July 18,
1975.
Said variance
is subject
to all the conditions set forth in the Board’s Order of
November
7,
1974,
in PCB
74—322.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby cer~ifythe above Opnion and Order
were adopted on the
3 I
r
day of
_________,
1975 by a
vote of
~-O
.
18~2/9
Christan
L.
Noffe~~15Clerk