ILLINOIS POLLUTION CONTROL BOARD
    May 15, 1975
    BUEHNE QUARRY COMPANY, INC.,
    Petitioner,
    vs.
    )
    PCB 75—71
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Henss):
    Buehne Quarry Company, Inc. filed its Petition for
    Variance seeking relief from Rules 103(b) (operating permits),
    202(b) (visual emission standards) and 203(a) or 203(b) (par-
    ticulate emission standards) of the Air Pollution Control
    Regulations. Petitioner seeks variance for a period of one
    year in order to install a dust control system.
    Buehne operates a limestone quarry and crushing facility
    near Breese, Clinton County, Illinois. The quarry operation
    consists of primary, secondary and tertiary crushing of lime-
    stone rock. The quarry and crushing plant produce a maximum of
    125 tons per hour of stone with the main products being agri-
    cultural limestone, CA 6 and CA 16. Normal production consists
    of one eight-hour shift per day of operation.
    Although the parties are not in agreement as to the amount
    of particulate matter being emitted from the operation, Petitioner
    plans to install a liquid spray dust suppression system to reduce
    particulate emissions. A construction permit for the spray system
    was granted by the Agency in May 1974. Buehne states that the
    system has not been installed to date due in part to the limited
    progress made by an engineer retained to design the system. In
    December 1974 Buehne terminated the services of its engineer and
    retained a firm of consulting engineers located in Decatur.
    Petitioner does not have an operating permit. In October
    1973 and December 1974 the Agency sent letters to Petitioner
    warning of the possibility of enforcement proceedings due to
    the failure to obtain the required operating permits. Petitioner
    states that it received a letter from the Agency on January 16,
    1975 advising Buehne to give serious consideration to the filing
    of variance.
    17 —29

    —2—
    On April 16, 1975, after this matter had been submitted
    to the Board for decision, the U. S. Supreme Court handed down
    its opinion in Train, Administrator, Environmental Protection
    Agency, et al vs. Natural Resources Defense Counsel, Inc. et
    al (No, 73-1742). In brief, the U. S. Supreme court
    ruied that
    the Clean Air Act authorizes States to grant variances from
    implementation plan requirements if such variances do not inter-
    fere with the attainment or maintenance of national ambient air
    quality standards.
    Illinois is required ~to attain the ambient air standards
    by July 31, 1975 but the Illinois Implementation Plan provides
    for the grant of variances in accordance with the provisions of
    the Illinois Environmental Protection Act, Therefore, this
    Board can grant individual variances beyond July 31, 1975 if the
    variances do not interfere with the attainment and subsequent
    maintenance of national ambient air quality standards. (See:
    Opinion and Order of the Board in Texaco, Inc. vs, EPA, PCB 75~59,
    May 8, l975)~
    The record in the instant case is not sufficient for the
    allowance of Buehne~s variance petition~ There is no statement,
    testimony or data in the record from which we could determine
    whether the grant of this variance would interfere with the
    attainment or maintenance of national ambient air quality standards,
    Therefore, the Board must dismiss the petition without prejudice~
    If Buehne chooses to submit a new petition for variance,
    such petition must address the air quality issue as the Board
    must determine whether the variance is allowable under the
    recent U. S. Supreme Court decision.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Illinois Pollution Control Board.
    ORDER
    It is ordered that the variance petition of Buehne Quarry
    Company, Inc. be dismissed without prejudice.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hecep certify the above Opinion and Order we~ adopted
    on the ~j~day
    of May, 1975 by a vote of
    _______
    ________

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