ILLINOIS POLLUTION CONTROL BOARD

January

14,

1976

PEOPLE

OF

THE

STATE

OF

ILLINOIS

and

TIlE

iLLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Complninnnt~,

v.

)

PCB 75-20

M.

RUBEN

METAL

COMPANY,

Respondent.

SUPPLEMENTAL OPINION AND ORDER OF THE BOARD (by

Mr..

Goodman):

rrljs

matter

comes

before the Pollution Control Board

(Board)

upon

the

Environmental

Protection

Agency’s

(Agency)

January

8,

1976,

Amended

Motion

For

Reconsideration.

It

is

the Board’s Opinion that in determining which emission

standard would apply to

a

jiven “incineration” source, the

primary

purpose

of

that

source

is

determinative.

The

deter-

mi nat ion

of

what:

is

the

primary

purpose

of

the

source

must

be

made

on

a

case

by

case

basis.

In the instant cause,

the incineration process had the

primary purpose of reclaiming wire.

Therefore,

the process

emission source standard was applicable.

The December

4,

1975,

Opinion

is amended at page

two,

line seven,

by the addi-

tion of the following:

“This finding

is limited to the facts

in

the

instant cause.”

In consideration of the foregoing,

it

is the Order of

the Board that the Agency’s Motion for Reconsideration be

and is, hereby, granted and the Opinion is amended as set

forth herein.

IT IS SO ORDERED.

I, Christan L.

Moffett, Clerk

of the Illinois Pollution

Control Board,

hereby certify the above Opinion and Order were

adopted

on theJ

day of

,

1976 by a

vote of~4~

Christan

L.

Moffett,

erk

Illinois Pollution

rol Board