ILLINOIS POLLUTION CONTROL BOARD

December 12, 1972

CATERPILLAR TRACTOR CO.

#72-374

v.

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):

A petition for review in the nature of an appeal from the

denial by the Environmental Protection Agency of certain permits

requested by petitioner was filed with the Board on September 18,

1972. The permits requested related to authorization to conduct

open burning for instruction in fire fighting on the premises of

petitioner at Aurora, Decatur, East Peoria, Joliet, Mapleton,

Morton and Nossville. The permits were granted subject to a

standard condition which limited burning between the hours of

10:00 AM. and 4:00 P.M. Petitioner contends that such limitation

would nullify the purpose for which the permits are sought and

asks for the entry of an order reversing the Agency1s determina-

tion and directing the granting of permits without the inclusion

of the standard condition aforesaid.

The Agency has filed a motion to dismiss setting forth that

subsequent to the filing of the petition with the Board, permits

have been granted to petitioner with respect to the Decatur,

Aurora and Joliet sites which do not include the prohibition on

nighttime burning and that the remaining permits have expired

by their own terms. Accordingly, it does not appear that anything

remains for the Board to pass upon and the petition of Caterpillar

Tractor Co. is dismissed as moot without prejudice to future con-

sideration by the Board of any subsequent permit application raising

the same or similar issues as contained in the company’s petition.

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

certify that the above Opinion and Order, was entered on the ~

day of December, 1972, by. a vote of

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