ILLINOIS POLLUTION CONTROL BOARD

October 17, 1972

FREEMAN

COAL MINING CORP.

V.

)

#

72—306

ENVIRONMENTAL PROTECTION AGENCY

)

Opinion of

the

Board

(by Mr.

Currie):

A year ago we approved Freeman’s program for bring—

ing air cleaning tables at its Orient #3 mine into compliance

with regulations governing particulate emissions to the air

(#

71—78,

2 PCB 709

(Oct.

28, 1971)).

Because the statute

requires annual reconsideration of variances, Environmental

Protection Act, ~ 36(b),

the variance was granted only

until October

27,

1972,

subject to extension,

upon proper

showing of satisfactory progress and continuing justification,

until April 30, 1973, when it was expected the program

would be completed.

As contemplated by that order, Freeman now petitions

for extension,

affirming that it has complied with the con-

ditions of

the order.

The Agency’s recommendation concurs

that Freeman is making satisfactory progress and there

is

nothing to suggest that the justification for the variance

is any less than what we found sufficient a year ago.

We

shall therefore extend the variance to permit completion

of the program as originally contemplated.

Freeman asks that we extend the compliance date further,

to June 30,

1973, because “Freeman is of the opinion that”

its “general contractor may be as much as two months behind

schedule now and will not be able to make up the full period.”

The contractor himself, Freeman says,

“maintains that it is

on schedule or,

in any event, will be able to come up to

schedule.”

Unexpected soil difficulties, the Agency says,

are the source of the problem; but because the contractor

expects to be on time the Agency says the request for ex-

tension is premature,

and we agree.

Freeman and its contractor

must do all they can to meet the schedule;

if they ultimately

cannot,

an extension will be in order upon proof of satis-

factory efforts.

But we cannot simply give an insurance

5

—

705

---

—2—

policy against a contingency that may never occur;

to do so

would relieve any pressure to overcome the difficulties and

meet the original schedule.

See Village of Wilmette v.

EPA,

#

72—5,

3 PCB 483

(Jan.

17,

1972)

ORDER

1.

The variance granted in #71-78 is hereby extended to

April

30,

1973.

2.

All conditions

of the original order remain in effect.

3.

The bond posted with the Agency shall be continued in

effect until expiration of this variance.

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

certify that the Board adopted the above Opinion this

17th day of October,

1972,

by a vote of

“~

C

~L~-vc$/72

,4~V

I

5

—