ILisINOIS POLLUTION CONTROL BOARD

July 31, 1975

CENTRAL CAN COMPANY,

Petitioner,

V.

)

PCB

75—294

ENVIRONMENTAL PROTICTION AGENCY,

)

Respondent.

INTERIM ORDER OF THE BOARD

(by

Mr. Zeitlin):

The Petition for Variance in this matter was filed

on July

28,

1975.

It seeks relief from Rule 205(f)

of the

Air

Pollution

Regulations

until

April

1,

1976.

That

section

of

the

Petition

seeking

relief

from

the

organic material emission standards

is inadequate in light

of the recent decision of Train v.

N.R.IJ.C.,

43 U.S.L.W.

4467

(U.S., April

16,

19Th).

The Train case requires that,

before

a

Variance

may

be

granted,

it must be shown that such

grant

will

not interfere with the attainment or maintenance

of the National ?~rnbientAir Quality Standards.

The Petition

does not address these requirements.

See,

King-Seeie~

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).

It

is

the

Order

of

the

Board

that

Petitioner

shall

amend its Petition within

45

days of the date of this Order

to provide the furtiier showing required under the Train

case.

Failure to timely file the Amended Petition shall

cause

the

Petition

~o

be

dismissed

without

prejudice,

for

inadequacy.

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 the above Order was

adopted

on the

3j~~

day of

____________,

1975 by a vote of

C

ristan L.

o~f’~c~

Illinois Pollution

rol Board

18—

284