n

S

terrJDeL

S

9T4

luiton dent c~doard handed

do n

its ~pini~on~nh dicer

in

e~ease

P~B 2 ±66

On our

owr

~otron

e have tocay ~ewr±cten one paragrapu of that ~pinion.

$n~

rewrittcn

para~aph inciudea be~ow,replaces the paragraph

~r our ~pirion of September

5

which starts at

the bottom of page

and continues on

tne top of pagc l~ The paragraph,

as rewritten,

Rule 3—3~lll

The tesniiuony fai~sLa esaolish

a violation of

Rule 3-3li11.

~The Agency attempted to introduce

emission factors taken from AP-42, the

~Compilation

of Air Pollution Emission Factors11,

Agency

Exhibit l9A

to show that tne process of unload-

ing, conveying

and loading meal at

the RTW facility

was in violation of Rule 3—3~llllimits out such evidence

was not allo~edInto the record by the hearing officer11

Agency brief, page

27)

Testimony was effered by both

sides regarding this issue

~e believe that the hearing

officer ruled correctly, because the Agency did not

adequately demonstrate that AP-42 acteally applies

to

meal handling facilities

as well as grain handling

facilrties~

It was indicated in the record that

meal

is dustier than grain, but this does not establish that

Table 6—4

(Particulate Emission Factors for Grain

Handling and Processing)

is meant to regulate meal

transfer facilities such as RTW~ The Agency attempted

to prove that

~grain”

meant

~meal”, but the interchange-

able use of the words by some witnesses

does not estab-

lish that

grain

means

meal in the

context

of Table 6-4~

We make these clarifying changes for several reasons~First

the

Illinois appellate court cases mentioned in

our

September

5

decision do not resolve

all the

questions raised during the hearing

on the applicability

of

emission factors;

a more concise and com-

plete explanation

of

our position is necessary in the Opinion.

Second, because

of

its importance, we need sufficient information

in future cases for the Board

to

determine whether Table 6—4 is

meant to handle

the

complex problems associated with the control

of emissions from meal transfer facilities.

For these reasons,

the

Opinion

of

September

5 is hereby modified,

13

—

555

---

—2—

IT

IS SO

ORDERED,

I,

Christan L, Moffett, Clerk of the Illinois Pollution

Control

Board, hereby certify tI~at~he above

Opinion and Order was adopted

on the ~~~day

of

1974, by a

vote

of

to

Christan

L, Hoff

,

Clerk

13

—