ILLINOIS POLLUTION CONTROL BOARD

December 27, 1971

MERLAN, INC.

v.

)

#

71—292

ENVIRONMENTAL PROTECTION AGENCY

Opinion of the Board (by Mr. Currie):

Our order of September 16, 1971 (Employees of Holmes

Bros.

V.

Merlan, mc.,

#

71—39) required Merlan to lower its

grizzly (a device used in the processing of recycled iron) and

enclose its conveyor system by October 15, 1971, and to install

a cyclone collector by January 15, 1972, all in order to control

fugitive dust and related emissions. On September 30 the

company filed a variance petition asking that six months from

that date (to March 30, 1972) be allowed to complete these

improvements. Delays due to the Agency~s alleged unwillingness

to act on a permit application before the September 16 decision

and the economic undesirability of taking the several remedial

steps at different times are given as reasons.

The Agency did not respond to the petition until today,

although eighty-nine days have now passed since its filing. We

must act now or the petition will be granted by default, since

the statute requires a decision within 90 days. We have no

time to ask for the company’s response to the suggestions made

in the recommendation. We can only say that on its face the re-

quest looks reasonable, that the requested time is now half

gone, that the Agency agrees the reasons for some delay are

legitimate, and that the magnitude of the pollution problem

(as described in our earlier hearing record) is not so great

as to justify closing the plant while the improvements are

made. The Agency has not told us any facts to justify the

somewhat earlier (February 15 and March 1) dates it suggests,

and we therefore will allow the time the company requested.

One condition of our earlier order was the submission,

within 45 days, of a report on possible means of controlling

emissions from material storage and unloading. Such a report

was received November 1. Our order also required the Agency to

file a response to the report within 15 days, but no such re-

port was received. The EPA recommendation, without explanation,

asks that we require covering of storage piles by June, 1972,

3 —

327

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and allow until January 15 for filing of a plan for controlling

emissions from unloading. We think Merlan should have another

opportunity to respond to these suggestions, and we think it is

entitled to the Agency’s comments on its own report first.

We therefore will require submission of a further report on

both unloading and storage within 20 days after receipt of the

Agency’s reply, and further proceedings will be held as required.

ORDER

The October 15, 1971 and January 15, 1972 dates for compliance

with paragraphs 2(a) and 2(b) of the Board’s order of September

16 (#71-39) are hereby extended to March 30, 1972, on the

following conditions:

(1) Merlan shall within 35 days~af~terreceipt of this order

post with the Agency a bond or other adequate security

in the amount of $20,000 to assure compliance with

its control program; and

(2) Within 20 days after receipt of the Agency response

specified in paragraph 4 of the September 16 order,

Merlan shall file with the Board and with the Agency

a further report relative to control of emissions

during unloading and storage of material; and

(3) Merlan shall file with the Board and with the Agency

a status report on or before April 15, 1972; and

(4) Merlan shall comply with the provisions of the

September 16 order except as specifically modified

herein.

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

certify that the Board adopted the above Opinion this 27th day

of December, 1971 by

a vote of

4—0.

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