May 29, 1974ENVIRONMENTAL PROTECTION AGENCY, )) Complainant, ) vs.
Our November 28, 1972 Opinion also left open the possibility
of finding a violation of Rule 3-3.122 if supported by exhibits which had been introduced into evidence but had beenomitted from the record which was forwarded to us.
The only evidence
relative to a Ringelmann violation on the first date was amemorandum from Agency Inspector Telford which stated: “OnJuly 20, 1970 from 2:28 p.m.
to 3:38 p.m.
the #9 (east chain
grate) boiler average emission was the shade of the *3 Ringelmann”.
As noted in our prior Opinion ...
Allowed
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