ILLINOIS POLLUTION CONTROL BOARD
    October 10,
    1972
    CHICAGO-DUBUQUE FOUNDRY CORPORATION
    #72-302
    v.
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    OPINION
    AND ORDER
    OF THE BOARD
    (BY SAMUEL T. LAWTON,
    JR.)
    On October 14,
    1971, we granted Chicago-Dubuque Foundry
    Corporation a variance until May 12,
    1972, allowing petitioner
    to operate
    its cupola located in East Dubuque, Illinois,
    in excess
    of particulate emission limits, subject to requirements of installa-
    tion, assessment of emissions from
    the
    core oven and shake—out
    areas, bonding,and reporting as specified in our Order.
    On
    May
    10,
    1972, pursuant to stipulation between the parties,
    the variance was extended to July 12, 1972 because of delays in
    equipment delivery,
    Subsequently, we received a stipulation between
    petitioner and the Agency, authorizing extension of the variance
    to September 12,
    1972.
    By our Order of July 18,
    1972,
    we character-
    ized the stipulation as
    a petition for additional variance, notwith-
    standing our earlier extension on the basis of a similar stipulation.
    In our Order, we noted that the provisions of the Environmental Pro-
    tection Act with respect to public notice and comment, require the
    stipulation to be so characterized.
    A new number was assigned to
    the case and proper notice was given.
    Combined with this extension
    proceeding was another stipulation filed on December
    7,
    1971,
    seeking
    modification of the October 14, 1971 Order with respect to assessment
    and control of the core oven and shakeout area.
    No hearing was held
    on the petitions.
    Our October 14,
    1971 Order granting the original variance was
    in anticipation of the purchase and installation of control equipment
    including a baghouse that would bring petitioner’s cupola emissions
    into compliance with the existing Regulations.
    The passage of time,
    through
    no fault of petitioner, has mooted the petition for extension
    of the variance to September 12,
    1972 and presumably, the equipment
    to be installed pursuant to the variance allowance is already in
    operation.
    Furthermore, installation by May 12, 1972 of a Despatch
    Oven Fume and Smoke Incinerator to control emissions from the core
    oven and a hydrostatic precipitator to control shakeout emissions
    has mooted paragraph 1(b)
    of our October
    14, 1971 Order requiring
    assessment of emissions from the petitioner’s core oven and shake-
    out area.
    Waiver of this provision had been sought by the Decem-
    ber 7,
    1971 stipulation.
    Recommendation of the Environmental Protec—
    tion Agency proposing extension of the variance to September 12,
    1972
    was received by the Board on September 26,
    1972.
    5
    —
    651
    The date on which the Agencys recommendation was prepared
    is
    not
    evident
    from
    the
    documents received,
    although
    it
    appears
    to
    have
    been
    prepared
    prior
    to
    September
    12,
    1972~
    It
    details
    the installations being made during the month
    of
    August,
    i972~
    with
    respect
    to
    the baghouse to control cupola emissions and
    states ‘~neitherthe Agency nor the petitioner anticipate
    any
    problems
    in
    meeting emission, regulation limits after September
    12,
    1972.~
    The recommendation also notes
    that petitioner has complied
    with all conditions of our original Orders with respect to the
    posting of bonds and
    the
    submission
    of
    progress reports.
    No citi-
    zens~response has been received relating to the variance extension.
    While the granting of the variance extensior~to September
    12,
    1972 has been mooted by the passage of time and we assume that the
    operation of petitioner~sfoundry presently complies with the rele-
    vant particulate regulations, we nevertheless grant
    the
    variance to
    September
    12,
    1972
    to protect petitioner from any assertion
    of
    violation that
    might
    have
    occurred
    between
    the expiration of the
    original
    variance on July 12, 1972 and September 12, 1972,
    the date
    when compliance must be assumed.
    Furthermore, petitioner1s possible
    exposure to liability under the bond posted to assure compliance
    with the
    variance
    allowance
    requires
    the
    entry
    of
    an
    extension
    Order.
    This opinion constitutes the findings of fact and conclusions
    of law of the Board.
    IT
    IS
    ThE ORDER of the Pollution Control Board:
    i.
    Paragraph
    1(b)
    of
    Board
    Order
    of
    October
    14,
    1971
    in
    Case
    #71-309
    is
    deleted
    as
    moot;
    2.
    Variance
    granted
    Chicago-Dubuque
    Foundry
    Corporation
    on
    October
    14,
    1971
    in
    Case
    #71-309
    extended
    by
    our
    May
    lOr
    1972
    Order
    to
    July
    12,
    1972
    is
    extended
    to
    September
    12,
    1972,
    subject to all terms and conditions
    of our October
    14, 1971 Order, as modified by this
    Order.
    I,
    Christan
    Moffett,
    Clerk of the Illinois Pollution Control Board,
    certify
    that the above Opinion and Order was adopted on the ~
    day of October,
    A.
    D.
    1972,
    by a vote of
    —
    to
    ~
    /
    -
    /

    Back to top