ILLINOIS POLLUTION CONTROL BOARD

June

6,

1975

DAUBERT CHEMICAL COMPANY,

)

Petitioner,

v.

)

PCB 75—223

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Cox~tro1Board

(Board)

upon petition of Daubert Chemical Company for

variance from Rule 205(f)

of

the Air Pollution Control

Regulations.

The petition is inadequate

in that it fails to include

information pertaining

to the criteria required by Train

v.

NRDC,

Inc.,

43 USLW 4467

(Supreme Court No. 73-1742,

April

16, 1975).

Petitioner must show:

1)

Whether the

ambient air quality of the area affected by the variance

meets the national ambient air quality standards;

2)

If the

ambient air quality does not meet those standards,

whether

the granting of the variance would contribute to the area’s

failure to meet said standards; and

3)

If the ambient air

quality does meet said standards,

whether the variance would

cause the ambient air quality to fail to meet said standards.

It

is the Order of the Board that Petitioner shall

amend its petition within 45 days of this Order to provide

the above described information.

Failure to timely file the

amended petition shall cause the petition to be dismissed

for inadequacy without prejudice.

The 90-day decision

period set by Statute shall run from the date of filing the

amended petition.

IT

IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Po1lutio~

Control Board, here

certify the above Order was adopted on

the ________day of~ .1~.4...,l975by a vote of

_______*

Illinois Pollution

17

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