ILLINOIS POLLUTION CONTROL BOARD

January 9, 1975

MISSOURI PORTLAND CEMENT COMPANY,

Petitioner,

vs.

)

PCB 74—407

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD ALLOWING INTERIM EXTENSION OF VARIANCE (by Mr. Henss):

On June 6, 1974 in PCB 73-480 we granted Petitioner a variance

from Rule

203(b)

and 203(d) (3) of the Air Pollution Control Regu~-

lations until January 1, 1975 for the purpose of installing and

testing an electrostatic precipitator on No, 1 kiln at its Joppa,

Illinois cement manufacturing plant. The variance provided that

the plant shall not operate after January 1, 1975 without an

electrostatic precipitator. Subsequently, Petitioner requested a

three month extension of the variance, representing that construction

delays beyond Petitioner’s control would prevent compliance with

the January 1, 1975 deadline. Under the time limitations established

by the Environmental Protection Act the Board must rule on the new

variance request by January 28, 1975. The Environmental Protection

Agency

has not yet filed its Recommendation and therefore the Board

finds that it is unable to advance its time schedule and make an

earlier determination in this case.

Missouri Portland Cement Company now requests an interim

extension of variance during the month of January 1975 until the

Board can make its final decision. Unless an interim variance is

allowed Petitioner may be required to close down the facility prior

to the time the Board can consider the merits of the original petition.

Petitioner’s request is supported by the necessary affadvait

and sufficient detail so that we can allow a short interim variance.

It appears that Missouri Portland Cement Company has made a good

faith effort to comply with its construction schedule and that the

delays in construction are beyond its control. The delays were

brought about by the following circumstances and conditions:

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217

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a)

delay of six weeks in general contractor’s

fabrication and erection schedule due to

delay in

receipt of

structural steel and

steel plates.

h)

delay of eight: weeks caused b delay in

shipping

of fan motor and associated switch

gear ordered on April,

:L974,

c) dela.y of eight weeks in delivery of pre—

cipi tutor.

Missouri Portland has kept the EPA advised of the delays and the

possible effectS on the time schedule for construction

and

operation

of

the precipitator.

The EPA has not responded to Petitioner’s

Application for

Interim Extension of Variance.

Under the circumstances, we accept

as true the pertinent facts stated by Petitioner,

and find that

an unreasonable hardship will he created for Missouri Portland

and its employees

if

the interim extension of variance is not

granted.

The interim extension of variance will be allowed

to

and

including January

31, 1975.

This Opinion constitutes

the findings of fact and conclusions

of law of the Illinois Pollution Control Board with regard to the

application for interim extension

of variance.

ORDER

It is

the Order of

the PoliUtjOfl Control Board that

Petitioner’s Joppa plant be granted variance from Rule

203(h)

and Rule 203(d) (3) of the Air Pollution Control Regulations to

and including January 31, 1975. Conditions 1 through 7 of our

Order entered in PCB 73-480 shall remain in effect.

I, Christen L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Order was adopted

this

~

day ~

,

1975 by a vote of ~ to 0

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