ILLINOIS POLLUTION CONTROL BOARD
    November 14, 1972
    )
    EMULSIFIED ASPHALTS, INC.
    )
    )
    )
    v.
    )
    PCB 72-438
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    OPINION AND ORDER OF THE BOSRD (by Mr. Dumeile)
    The petitioner, Emulsified Asphalts, lnc. of Chicago, filed a letter
    dated October 30,
    1972
    with the Agency
    requesting a six month
    variance From
    Sec. 202 of the Asbestos Regulation (1(71-16) until April 1, 1973.
    We dismiss the variance
    request
    as being inadequate and incomplete and
    moot. The Board Procedural Rules enacted October 16, 1970 require
    a concise statement of why the petitioner
    believes that compliance with the provision
    from which variance is sought would impose
    an arbitrary or unreasonable hardship,
    Including a description of the costs that
    compliance would impose on the petitioner
    and others and of the injury that the grant
    of the variance would impose on the public
    (40l(a)(2)J
    There Is no such statement in the variance request. Furthermore, the
    request seems to indicate that manufacture of asbestos-containing materials
    has now ceased and will not commence until mid-March 1973. Thus the
    period of variance needed seems only to be from mid-March 1973 to April 1,
    1973. ThIs two week period so so short and far enough into the future that
    It may not be needed. In any event, ample time remains to fIle a new variance
    request meeting the Board’s Procedural Rules.
    Section 202 of the Asbestos Regulation is now Rule 622 of Chapter 2
    of the Board Regulations. It states that “manufacturing or processing of
    asbestos containing products is prohibited” after June 30, 1972 unless a
    6—257
    permit is oLtained from the Agency. Since manufacturing has ceased it
    would appear also that ample time still remains in which to obtain a permit
    from the Agency and the variance need may therefore be mooted.
    The variance i.s dismissed without prejudice.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Cleric of the Illinois Pollution Control Board,
    hereby certify the above Opinion a ~d Order were adopted on the /~~day of
    November, 1972 by a vote oi
    -
    OA~d
    Christan L. Moffett,
    r~
    ~l
    Illinois Pollution Contr
    ~o~ird
    6
    —
    258

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