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