ILLINOIS POLLUTION CONTROL BOARD

May 15, 1975

ALLIED CHEMICAL CORPORATION,

Petitioner,

v.

)

PCB 75—ill

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM OPINION AND ORDER OF THE

BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board) upon Allied Chemical Corporation’s (Allied) petition

for an interim variance from Rules 404(f), 408(a), 203(a)

and

203(f)

for water quality standards and a variance from

Rule 921 of Chapter 3 and Rule 201 of Chapter 4 of the

Regulations for its mining and milling operations at 7

locations in Hardin and Pope counties.

The record sets forth adequate grounds for a hardship

variance as provided in procedural Rule 401. Allied is one

of two florspar producers in the area which together produce

80 of the domestic florspar in the United States. Allied’s

mining and milling operations represent a substantial or

major part of the non—governmental and non—agricultural

employment in the area.

However, Allied’s petition does not contain a com-

pliance plan although it has retained Procon, Incorporated,

to perform an engineering study which will then be reviewed

by Allied’s engineers and go before Allied Board of Direc-

tors for approval. Petitioner believes that said plan will

be available for its Board of Directors by July 1, 1975 and

that a final compliance plan will be available by September 1,

1975,

In order to avoid a multiplicity of actions, the Board

will not grant Petitioner a variance at this time. The

Board requests that Petitioner provide the EPA with a copy

of its tentative compliance plan on July 1, 1975. In addi-

tion, the Board requests that a final corporate approved

compliance plan be submitted to the Board on or before

September 1, 1975. If said compliance plan meets the ap-

proval of the Board, a retroactive variance may be granted

to the Petitioner.

In consideration of the foregoing, it is the order of

the Board that:

17 —43

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(a) Petitioner provide the Environmental Protection

Agency with a tentative compliance plan on or before July 1,

1975; and

(b) Petitioner shall submit to the Board a final,

corporate approved, compliance plan on or before September 1,

1975; and

(c) Failure to comply with paragraph (b) of this order

will cause Allied’s petition to be dismissed without prejudice.

IT IS SO

ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby ce!rtify the above Opinion and Order

were adopted on the ___________day of

1Y)

1975 by a vote of __________________________

Illinois Pollution

Board