ILLINOIS POLLUTION CONTROL BOARD
    May 22, 1975
    NATIONAL METALWARES,
    INC.
    Petitioner,
    v.
    )
    PCB 75-92
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Petitioner, National Metalwares,
    Inc.,
    filed its petition
    for variance on February
    25,
    1975.
    On February 27, 1975 we
    ordered the petition to be amended to provide the exact rule
    from which variance was sought.
    The amended petition was
    filed March
    24,
    1975.
    Variance is sought from Rule
    205(f)
    of Chapter
    2: Air Pollution Regulations, until May 31,
    1976.
    National Metalwares operates a facility in Aurora which
    manufactures tubular steel frames for the furniture and
    appliance industries.
    With the formulations of paints and
    solvents presently used by National Metalwares,
    the Agency
    calculates emissions of photochemically r~activehydrocarbons
    are 65 pounds per hour
    —-
    substantially above the
    8 pounds
    per hour standard in Rule 205(f).
    On September
    12,
    1974 the
    Board granted petitioner a previous variance from this rule
    until December 31,
    1974
    (PCB 74—239,
    13 PCB 603).
    Petitioner
    now seeks an extension of this variance and proposes a
    compliance plan that calls for switching to the use of water
    soluble paints.
    On April
    16,
    1975,
    after this matter had been submitted
    to us for decision, the U.S. Supreme Court handed down its
    opinion in Train v. N.R.D.C.
    (73-1742).
    The court ruled
    that the Clean Air Act authorizes states to grant variances
    from implementation plan requirements if such variances do
    not interfere with attainment
    of maintenance of national
    ambient air quality standards.
    Illinois is required to
    attain the national ambient air standards by July 31,
    1975.
    We interpret the court decision as limiting our authority to
    grant individual variances beyond that date to those cases
    in which a variance would not interfere with the attainment
    and maintenance of national ambient air quality standards.
    17
    —
    163
    —2—
    The record in the instant case is not adequate to grant
    the requested variance.
    There are no data bearing on the
    quality of the ambient air which
    is affected by the petitionerTs
    emissions.
    Nor is there any statement in the record indicating
    whether the grant of the variance would interfere with
    attainment or maintenance of ambient air quality standards.
    Therefore,
    the Board must dismiss the petition without
    prejudice.
    If National Metaiwares chooses to submit a new petition
    for variance,
    such petition must address the air quality
    issue since the Board will be interested in determining
    whether the variance is allowable under the recent U.S.
    Supreme Court decision.
    ORDER
    Petition for variance by National Metalwares,
    Inc.
    is
    dismissed without prejudice.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, her~bj’certify the above Opinion and 0 der were
    adopted on the~~
    day of May,
    1975 by
    a vote of
    ____________
    Christan
    L.
    Moffet,t,
    ~rk
    Illinois Pollution
    ~ro1
    Board
    17
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