ILLINOIS POLLUTION CONTROL BOARD

December 27, 1971

ROESCH ENAMEL

&

MFG.

co.

v.

)

#

71—294

ENVIRONMENTAL PROTECTION AGENCY

Opinion of the Board (by Mr. Currie):

Our order of July 12, 1971 (#71-62) gave Roesch 60 days

to take positive action, including submission of a concrete

program, toward control of particulate emissions from its

Belleville factory. Among the conditions of that variance

were the posting of security, the payment of a penalty, and

the testing of a proposed “Kohl” control system.

The security, it is now alleged, has been posted and the

penalty paid. The Kohl system was found wanting, and Roesch

tells us it has contracted for the purchase and installation

of baghouses, to be completed by six months after the date of

our initial order, or about January 12, 1972. Roesch asks that

we extend the variance till then, and we do so.

According to the petition, the company has moved with

dispatch to do what we ordered. The July order contemplated

some additional time in which to make the actual installation,

and the time requested seems as short as is practicable. The

system chosen has received an Agency permit, indicating it is

expected to do the job. We say “according to the petition”

because, despite the lapse of ninety days since the petition

was filed with the Agency, we have not received the Agency

recommendation

which

the statute requires. Pqe must therefore

act on the petition today or have it granted by default.

Since the schedule appears reasonable on its face and no objections

have been received, we take Roesch at its word and grant the

extension on the basis of the petition and attached documents

alone. We urge the Agency to be more prompt in the future.

Cf. Electric Wheel Co. v. EPA, #71-55 (June 9, 1971).

ORDER

Roesch Enamel and Manufacturing Co. is hereby granted a variance

to emit particulate air contaminants in excess of those permitted

by the Rules and Regulations Governing the Control of Air Pollution

until January 12, 1972, provided the following conditions are

met:

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329

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1) The security posted in compliance with our July 12 order

shall be made applicable to the revised program; and

2) Roesch shall diligently pursue the control program described

in its supplemental petition for variance; and

3) Roesch shall not increase its particulate emissions during

the period of this variance; and

4) Roesch shall file a status report with the Board and with

the 7~gencyon or before January 31, 1972.

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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