ILLINOIS POLLUTION CONTROL BOARD
    May 22,
    1975
    ILLINOIS POWER COMPANY,
    Petitioner,
    v.
    )
    PCB 75—110
    ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    INTERIM ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    Petitioner Illinois Power Company filed a Variance
    Petition in this matter for its Wood River Station, Unit 5,
    on March
    7, 1975.
    Thereafter, on April
    4,
    1975,
    this Board
    entered an Interim Order requiring that Petitioner submit an
    Amended Petition within 45 days
    to correct the deficiencies,
    (primarily the lack of an adequate compliance plan,) not?-1
    in that Order.
    Thereafter,
    on May 16,
    1975,
    Petitioner filed an Amended
    Variance Petition showing such a compliance plan.
    However~ t.
    United States Supreme Court on April
    16,
    1975,
    in
    a decision
    in Train v. National Resources Defense Council,
    43 U.S.L.W.
    4467
    (U.S., April
    16, 1975), rendered the information contained
    in the Amended Petition insufficient.
    The Train decision mandates that this Board not grant
    Variances from the Air Pollution Control Regulations absent
    a showing that such
    a grant will not cause a violation of
    the national ambient air quality standards,
    or a failure to
    maintain those standards.
    The Amended Petition,
    as filed on
    May 16,
    1975,
    does not address these requirements.
    See,
    King-Seeley Co. 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) .While
    this Board does not like to
    continually find Variance Petitions inadequate for procedural
    deficiencies, the Board is constrained to so act under its
    interpretation of the Train case.
    For the reason noted above, the Amended Petition in
    this matter is inadequate.
    A second Amended Petition shall
    be filed with the Board within 45 days of the date of this
    17
    —
    167
    —2—
    Order correcting that deficiency.
    Failure to timely file
    such a second Amended Petition shall render this matter
    subject to dismissal for inadequacy.
    The 90 day decision
    period set by statute shall run from date of filing of
    said second Amended Petition.
    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
    ___________________
    1975 by a vote of~,
    to ~
    Christan L. Mo~fet,~,,7~g~erk
    Illinois Pollution ‘C6~trolBoard
    17
    —
    168

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