ILLINOIS POLLUTION CONTROL BOARD

May 31, 1973

ENVIRONMENTAL PROTECTION AGENCY

#71—386

v.

)

MONARCH FOUNDRY

CONPANY,

an

Illinois corporation

)

ORDER OF THE BOARD

(BY SAMUEL T.

LAWTON,

JR.):

The Environmental Protection Agency has filed a Motion for Re-

consideration contending that the Board’s Order finding Respondent

in compliance with Rule 3-3.111

is erroneous.

We deny the motion for reasons set forth in the opinion.

We believe

that the Respondent has made an adequate showing to rebut any prima

facie finding of violation based on standard emission factors.

The

offer of proof made by Respondent

is not “outside of the record”.

It

is difficult to know what significance is attached to the making of

an offer of proof if the Board is foreclosed from giving consideration

to

it.

Furthermore, we feel that the Hearing Officer’s ruling is erroneous

in denying Respondent’s initial efforts to place the stack tests in

evidence.

The objections raised by the Agency with respect to the

absence of proper foundation and the alleged absence of similarity to

Respondent’s

facility go to the weight of the evidence and not its

admissibility.

Knowing what the offer of proof contained,

it was in-

cumbent upon the Agency to make a rebutting offer of proof if it

does not wish the Board to be guided by Respondent’s representations

alone.

Moreover,

additional evidence is in the record which served

as a basis for the Board’s decision finding the prima

facie violation

rebutted.

This includes the presence of afterburners and the over-

sizing of the wet cap, indicating superior collection efficiency to

that on which the standard emission factors were premised.

The Motion for Reconsideration is denied.

IT IS SO ORDERED.

I, Christan Moffett, Clerk of the Pollution Control Board, certify

that the above Order was adopted on the

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day of May,

1973,

byavoteof’~

to

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