ILLINOIS POLLUTION CONTROL BOARD
    December 5, 1974
    EARLY AND DANIEL COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 74—368
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    Mr. Robert W. Thompson, attorney for Petitioner.
    Mr. William A. Erdman, attorney for Respondent.
    INTERIM ORDER OF THE BOARD (by Dr. Odell)
    Petitioner owns and operates certain facilities, including a
    grain elevator and associated equipment located at 300 South Fourth
    Street, Sheldon, Illinois.
    On September 30 and October 9, 1974, the Illinois Pollution
    Control Board (Board) received letters from Petitioner requesting
    “an extension of time for compliance with those portions of the
    Board’s Order (Environmental Protection Agency v. Early and Daniel
    Company, PCB 73-454, 12 PCB 237, May 9, 1974) that are affected by”
    unavoidable delays in getting materials from their suppliers.
    On October 10, 1974, the Environmental Protection Agency
    (Agency) filed a Motion to Dismiss the variance request, because
    Petitioner had failed to supply sufficient information to enable the
    Agency to decide whether the variance should be granted.
    In an Interim Order of October 17, 1974, the Board asked
    Petitioner to amend its Petition for Variance within 35 days and
    provide the kind of information required in the Board’s Procedural
    Rule 401. This Order also specified that the 90-day requirement
    for final action under Section 38 of the Environmental Protection
    Act (Act) would begin to run from the filing date of the Amended
    Petition.
    On October 18, 1974, the Board received from Petitioner a
    Response to Motion to Dismiss and Motion to Modify Order, the latter
    of which is interpreted as an Amended Petition for Variance.
    Petitioner seeks a variance from that part of sub-paragraphs 3(a)
    and 3(b) of the Board’s Order in EPA v. Early and Daniel Company,
    PCB 73-454, May 9, 1974, regarding compliance dates with Section 9(a)
    of the Act. Specifically, Petitioner seeks an extension in the
    compliance dates in these sub-paragraphs 3(a) and 3(b) from October
    1, 1974, to December 1, 1974. Petitioner submitted evidence in-
    dicating that equipment and material deliveries had been unavoid-
    ably delayed and that this contingency had been mentioned during
    14— 639
    —2—
    the hearing and in the Board’s Opinion and Order for PCB 73-454.
    A Recommendation was received from the Agency on November 25,
    1974, which was based in part on their inspection of Petitioner’s
    facilities on October 7, 1974. The Agency reported the status of
    compliance with various May 9, 1974, Board Orders. The Agency
    noted that the Petitioner had failed to submit an engineering
    study and final drawings to control emissions from the drying area
    as required in the Board’s Order of May 9, 1974. The Agency stated
    that complaints had been received from citizens living near the
    Early and Daniel facilities concerning “excess emissions from the
    ‘cyclone bins’ and the dumping area, and they have objected to the
    granting of this variance.” The Agency believed that these ob-
    jections compelled the scheduling of a hearing.
    On October 5 and 11, 1974, citizens filed written objections
    to the grant of this variance. Therefore, we believe a hearing is
    necessary under provisions in Section 37 of the Act. The citizens
    specifically complained about excessive emissions “from the cyclone
    bins as well as the 4th Street dump.”
    Because of the 90—day requirement for final action under
    Section 38 of the Act, a waiver is requested from the Petitioner.
    The waiver should cover the period from the time of the expiration
    of the 90 days to the hearing date (if held after January 15, 1975)
    and additionally, for 45 days after the completion of the hearing(s).
    This 45—day period is necessary to enable the Board to examine the
    record and formulate its order. Failure to make the necessary
    waivers will necessitate dismissing the Petition for lack of
    information.
    ORDER
    IT IS THE ORDER of the Pollution Control Board that a hearing
    shall be held to obtain pertinent information on:
    (i) Basis for citizen complaints to the granting of
    this variance.
    (ii) Any facts, in addition to those submitted to date,
    relating to Petitioner’s request for an extension
    from October 1 to December 1, 1974, as compliance
    dates in sub-paragraphs 3(a) and 3(b) of the Board’s
    Order of May 9, 1974, in PCB 73—454. Of particular
    interest are ~reasons for failure of Petitioner to
    timely file the results of the engineering study and
    final drawings for equipment to control emissions
    from the drying of grain, as specified in sub-para-
    graphs 3(c) and 3(d) of the Board’s Order of May 9,
    1974, in PCB 73—454.
    14— 640
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certi that the above Opinion and Order was adopted
    on thep
    day of
    __________,
    1974, by a vote of
    ___
    to
    j
    Christan L. Mo’f~ett
    14—641

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