ILLINOIS POLLUTION CONTROL BOARD

January

23, 1973

KEYSTONE CONSOLIDATED INDUSTRIES, INC. )

#72-459

v.

ENVIRONMENTAL PROTECTION AGENCY

OPINION

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

Petition was filed for variance with respect to Rules 103(b) (2)

of Chapter 2, Rules and Regulations

Governing the Control of Air

Pollution, seeking until March 1, 1973 for the filing of operating

permit applications and until June 1, 1973 for

the obtaining of

such permits. Application for permit was due September 1, 1972 and

operating permits were required to be obtained by December

1,

1972.

Operating permit applications were submitted by petitioner through

the Agency on September

5,

1972 and September 25, 1972 and returned

to petitioner because of insufficiency of information.

Petitioner’s difficulty in achieving compliance appears to be,

in part, a consequence of not understanding the availability of the

use of standard emission factors in lieu of actual testing. Petitioner’s

variance request is premised in large measure on the time and cost

involved in testing procedures necessary as a pre—requisite to permit

application. However, the use of standard emission factors would

preclude both the time and cost inherent in the necessary preparation,

and, accordingly, we do not feel that petitioner has set forth sufficient

grounds to satisfy the delay sought and the hardship consequential to

compliance. In the event of a prosecution for failure to comply with

the regulations, all contentions made by the petitioner in this pro-

ceeding could be asserted by way of defense.

The petition for variance is denied.

I, Christan Moffett, Clerk of the Illinois Pollution Control Boa~d,

certify that the above Opinion and Order was adopted on the

1~3R

day of January, 1973, by a vote of

,~3

to

o

6— 609