ILLINOIS POLLUTION CONTROL BOARD
    October
    17,
    1974
    FERGUSON ~ LANGE
    FOUNDRIES,
    INC.
    )
    PCB
    74-IIS1
    )
    )
    ENVIRON~1ENTAL PROTECTION
    AGENCY
    )
    )
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Durnelle)
    On May 17,
    1974 Ferguson and Lange Foundries,
    Inc.
    filed
    the
    instant petition to further extend the variance
    in
    PCB
    73-474
    (de-
    cided January
    31,
    1974)
    and in PCB
    74-82
    (~‘.Iay 16,
    1974)
    from
    April
    30, 1974
    to July 31,
    1974.
    The plant
    is
    located
    in Chicago
    The Board entered
    an order on May 23, 1974 requiring that
    the record in PCB 73-473 he stipulated into the instant
    case.
    On
    July
    8,
    1974 the Petitioner
    so stipulated.
    On July
    19,
    1.974
    the
    Petitioner filed an amended petition asking that the expiration
    date
    for the variance be changed from July
    31,
    1974
    to September
    30, 1974 and furnished certain test
    data.
    No public hearing was
    held.
    Recommendation was received from the Environmental Protection
    Agency
    on October 11,
    1974 just six days
    in advance
    of todays
    decision due date and some
    82 days after the filing of
    the amended
    petition.
    The Procedural Rules
    of
    the Board require
    the filing
    of
    a Recommendation within
    30 days
    of the filing date of the petition.
    The petitioner
    alleges
    the default of its turnkey contractor.
    Combustion Equipment Associates,
    Inc.
    It states that
    it has
    employed independent engineering consultants
    to revamp the particu-
    late collection system.
    Ferguson and Lange
    also asserts
    in its
    May
    17, 1974 petition that “it now appears appropriate that
    the
    system be tested
    by
    experts satisfactory
    to the State
    of
    Illinois.”
    The Agency disputes the tests carried out by Ferguson and
    Lange
    and terms
    them not “stack tests” but “material balance”
    computations.
    ~e agree with
    the Agency.
    A stack
    test
    is
    a sampling
    of particulate actually emitted
    from the outlet to the atmosphere
    and shows what
    is
    in fact emitted.
    A materials balance
    is not
    14
    —
    187
    0
    —
    the same
    as
    a stack test
    and we do not accept it
    as
    a substitute.
    We note
    that nowhere did Ferguson and Lange have
    a stack
    test performed by “experts satisfactory to the State
    of Illinois”
    as
    they said they would. Rather,
    they performed the materials
    balance with their own personnel.
    We deny
    the variance for failure to provide satisfactory
    stack
    test data.
    The order of the Board in PCB 74-82
    (May
    16,
    1974)
    clearly requires a stack test
    and prior notice
    to the
    Agency
    and this was not done.
    ORDER
    Variance from Rules
    3-3.111 and 203(a)
    from April
    30,
    1974
    until
    September
    30, 1974
    is denied.
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk
    of the Illinois Pollution
    Control Bqai~,iere~y certifies
    the above Opinion and Order was
    adopted on the
    /7
    ‘
    day of
    ~
    ,
    1974 by a vote
    of
    ~JL7
    ~istan~of?~,
    ~
    14
    —
    188

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