ILLINOIS POLLUTION CONTROL BOARD
May 22, 1975
WALWORTH COMPANY,
Petitioner,
v.
)
PCB 75—206
ENVIRONMENTAL PROTECTION
AGENCY,
)
Respondent.
INTERIM ORDER OF THE BOARD
(by Mr. Zeitlin):
The Petition for Extension of Variance in this matter
was received by the Board on May 16,
1975. Petitioner
Walworth Company, Kewanee Division, requested an extension
of a prior Variance granted by this Board on December 19,
1974, in PCB 74—197.
That Variance, from the requirements
of Rule 203(b)
of the Air Pollution Control Regulations,
extends presently until June 30,
1975.
Petitioner here
seeks an extension until September
15,
1975, alleging unavoicible
delays.
As was noted at page 8 of the Board’s Opinion in the
prior case, PCB 74—197, Walworth~sschedule of compliance
called for meeting the standards of Rules
203 (b)
at ~a date
after which the State of Illinois has committed itself to
achieving the National Ambient Air Quality Standards.
As
this Board has noted previously, we are constrained to deny
Variances which will extend beyond July 31,
1975, due to the
recent United States Supreme Court decision of Train
v. Natural
Resources Defense Council,
43 U.S.LW.
4467
(April 16,
1975).
See,King-SeeieyCo.
v.
EPA, PCB 75-159
(April
24,
1975, Interim Order of the Board);
Great Lakes Carbon Corp.
v.
EPA, PCB 75—85
(May 22, 1975).
Petitioner here has made
no showing that
a grant of this Variance Extension would not ~ead to a
violation of the national ambient air quality standards,
or
to a failure to maintain those standards.
For the reasons cited above, the Petition for Extension
of Variance filed May 16,
1975,
is inadequate.
Petitioner
shall, within
45 days,
file an Amended Petition with the
Board correcting such deficiencies.
Failure to timely file
such an Amended Petition shall render the Petition herein
17
175
—2—
subject to dismissal for inadequacy.
Ninety day decision
periods set by statute shall run from the date of filing of
the Amended Petition required by this Order.
IT IS SO ORDERED.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board hereby certify that the above Interim Order
was adopted on the ___________day of
IY)
1975 by a vote of
s~’
to
c~
Christan L. Mof~et~’/~erk
Illinois Pollution ~itrol
Board
17
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176