ILLINOIS POLLUTION CONTROL BOARD

November 29, 1973

)

FANSTEEL, INCORPORATED

)

)

v.

)

PCB 73-423

)

)

ENVIRONMENTAL PROTECTION AGENCY

)

)

ORDER OF THE BOARD (by Mr. Dumelie):

Fansteel’s Motion to Amend Order in PCB 72-76 is denied

because of the length of time which has transpired since the

October 31, 1972 order. However, Fansteel’s Motion will be

construed as a Petition for Variance from the compliance dates

set forth in the Board’s Order in Environmental Protection

Agency v. Fansteel, Inc. and the City of North Chica~o, decided

October 31, 1972. The October 26, 1973, date of filing of the

construed variance petition will start the 90-day decision

period running. The variance petition will be held for

Agency recommendation and will he decided without a hearing.

Fansteel is seeking to extend the October 31, 1973

compliance date contained in the previous Board Order, PCB 72-76,

until May 1, 1974. No hearing will be held because Fansteel

is in substantial compliance with the Board’s Order and because

the delay in the implementation of the compliance program was

caused by the withdrawal of Fansteel’s consultant and delay in

delivery of a major piece of pollution control equipment.

IT IS SO ORDERED.

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

Board, hereby certify the above Order was adopted on the ‘~v

day

of November, 1973 by a vote of _______________________________________

(\L~.

‘I

Christan L. Moffett, Clerk

Illinois Pollution- Control Board