ILLINOIS POLLUTION CONTROL BOARD
December 21, 1971
WITCO CHEMICAL CORP.
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71—250
ENVIRONMENTAL PROTECTION AGENCY
Maurice E. Gosnell for Witco Chemical Corporation
Frederick C. Hopper for the Environmental Protection Agency
Opitiion of the Board (by Mr.. Currie)
The Air Pollution Control Board in May 1970 approved Witco’s
program (Acerp) for bringing particulate emissions from its
Lawrenceville plant into compliance with the regulations.
Witco now asks reapproval of that program, pursuant to our
decision (EPA v. Commonwealth Edison Co.
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70-4, Feb. 17, 1971),
that such approval was valid only for one year. We grant the
request.
Witco’s initial program called for the completion of constructicn
of controls by March 15, 1972, and the company is on schedule.
Baghouses for asphalt grinding and a fume incinerator for asphalt
oxidizing are on the premises, permits have been obtained, and
construction is proceeding. Witco will need sixty days beyond
March 15 for testing and debugging.
The time to compliance now is quite short, and we see no
way to make it shorter without shutting down the plant, which
on the record is not justified. Under these circumstances we
have invariably reapproved Acerps, e.g., US Industrial Chemicals
Co. v. EPA,
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71-44 (Oct. 14, 1971). Any question as to the
promptness of the company’s initial filing was wiped out by
the old Board’s approval of the program (see, e.g., Moody v.
Flintkote Corp.,
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70—36, Sept. 2, 1971). We shall require a
bond or other security for this $750,000 program, as the statute
requires. Since the equipment has already been purchased, a
relatively low amount will suffice.
This opinion constitutes the Board’s findings of fact and
conclusions of law.
ORDER
Witco Chemical Co. is hereby granted a variance until May 15,
1972, to
emit
from its Lawrenceville plant particulate
contaminants in excess of those permitted by the Rules and
Regulations Governing the Control of Air Pollution, on the
following conditions:
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1. Witco shall diligently pursue the control program
described in the record;
2. Witco shall within 35 days after receipt of this order
post with the Agency a bond or other adequate security
in the amount of $50,000 to assure timely completion
of that program;
3. Witco shall not increase its emission of contaminants
during the period of this variance;
4. Any breach of the conditions of this order shall be
grounds for revocation of the variance.
I, Christan Moffett, Acting Clerk of the Pollution Control Board,
certify that the Board adopted the Above Opinion this 21st
day ~f December
,
1971 by a vote of 4-0.
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