ILLINOIS POLLUTION CONTROL BOARD

March 10,

1983

INTERNATIONAL

HARVESTER,

Petitioner,

V.

PCB

83—27

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Respondent.

ORDER

OF

THE BOARD

(by J.

Anderson):

On

March

3,

1983

International

Harvester

applied

for

a

variance from Special Condition 4 of the March 12, 1982 operating

permit for its Rock Island “Farmall” plant.

The special condi-

tion

requires

stack

sampling

for

particulates

of

Boilers

1,

2,

and 4 prior to application for renewal of the

permit.

This request for variance cannot be granted by the Board,

as

the

relief requested is not from one of the Board’s regulations.

The proper procedure would be for Harvester to request the

Agency

to

modify

its

permit.

If

the

Agency

denies

the

request,

Harvester

may

then

appeal

the

denial

to

the

Board

within

35

days

thereafter,

pursuant

to

Section

40

of

the

Act

and

the

Board’s

procedural

rules

as

contained

in

35

Ill.

Ada.

Code

Part 105.

This petition for variance is dismissed, on the grounds

that it seeks relief which the Board cannot grant.

IT IS SO

ORDERED.

Mr. Nega abstained.

I, christan L. Moffett, Clerk of the Illinois Pollution

Control Board, do hq~ebycertify that th~

above

Order

was

adopted

on

the,

0”

day of

fijezC4Ii~

—____

.,

1983

bya

vote

of

.‘j-o

.

51-269