ILLINOIS POLLUTION CONTROL BOARD
July
10,
1975
UNIROYAL,
INC.,
Petitioner,
v.
)
PCB 75—264
)
ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
INTERIM ORDER OF THE BOARD
(by Mr.
Zeitlin):
A Petition for Variance was received by the Board
on July
7,
1975, from Petitioner Uniroyal,
Inc.,
requesting
Variance from certain of the Air Pollution Regulations,
as applicable
to Petitioner.
Specifically, Petitioner
seeks
relief from the requirements of Rule 205(f) until September
30,
1975.
PCB Regs,
Ch.2,
Rule 205(f).
At page
14 of the Petition, Petitioner merely states
that “non-compliance with Rule 205(f)
by admission...
during the Variance period hereby sought will not substantially
or materially
interfere with the maintenance or attainment
of applicable ambient air quality standards.”
Such a
statement,
alone,
is insufficient to constitute the showing
which this Board requires that the grant of a Variance will
not in fact interfere with the attainment or maintenance
of the National Ambient Air Quality Standards,
as mandated
under the U.S. Supreme Court decision of Train
v.
Natural
Resources Defense Council,
43 U.S.L.W.
4467(U.S.., April
16,
1975).
See, King-Seeley Co., Thermos Division v.
EPA, PCB 75-159
(June
13,
1975); Shell Oil Company v.
E.P.A.,
PCB 75-90
(May
22,
1975); Amco Engineering Co.
v.
E.P.A.,
PCB 75—134
(May 29,
1975)
For the above stated reasons the Petition herein is
inadequate.
It
is the Order of the Board that the Petitioner
shall
amend its Petition within
45 days of the date of this
Order to provide the above described information.
Failure
to
18
—
84
timely file the Amended Petition shall cause the Petition
herein to be dismissed for inadequacy without prejudice.
The
90 day decision period set by statute shall run from the
date of filing of the Amended Petition.
IT IS SO ORDERED.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify that th
above Interim Order
was a opted on the
jc~”
day of
________,
1975 by a vote
of
_______
to
~
a~4~rIL
Christan L. Moffet
,
lerk
Illinois Pollution Control Board
18— 85