ILLINOIS POLLUTION CONTROL BOARD

January

8,

1976

HILLMAN

MEMORIAL

HOSPITAL,

Petitioner,

v.

)

PCB 75—500

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr.

Goodman):

This matter comes before the Pollution Control Board upon

Hiliman Memorial Hospital’s

(Hiliman) December 29,

1975, Petition

for Variance from the Air Regulations.

The Board finds that said

petition fails to provide the information which is necessary in

order to enable the Board to render a reasonable judgment as to

the merits of the petition.

More specifically,

the petition fails

to conform to Procedural Rule 401

in that

it

fails

to provide the

following information:

(1)

specific identification of the particular provisions

of the Environmental Protection Act or regulations from which the

variance

is sought;

(ii)

the quantity and type of raw materials processed,

and

a description of the particular process or activity in which

the raw materials are used;

(iii)

an estimate of the quantity and type of contami-

nants discharged;

(iv)

data showing the nature and extent of the present

failure

to meet the particular provisions from which the variance

is sought;

(v)

a description of existing and proposed equipment for

the control of discharges;

(vi)

a time schedule for bringing the activity into

compliance;

(vii)

a detailed description of the program

to be under-

taken to achieve compliance,

including

a time schedule of all

19—827

---

(2)

phases involved from initiation to completion and the estimated

costs involved;

(viii)

an explanation of why petitioner believes the

program proposed will achieve compliance.

(ix)

details as

to past efforts

to achieve compliance

and results achieved.

(b)

a concise statement of why the petitioner believes that

compliance with the provision from which variance is sought would

impose an arbitrary or unreasonable hardship,

including a descrip-

tion of the costs that compliance would impose on the petitioner

and others, information as

to the feasibility of alternatives

available to abate the violations and their costs.

(c)

the injury thatthe grant of the variance would impose

on the public including the effect that continued discharge of

contaminants will have upon the air, water or land.

(d)

If the petitioner seeks a delay in complying,

a state-

ment of the reasons for such delay.

(e)

A clear statement of the precise extent of the relief

sought.

The petition is also inadequate in that it fails

to include

information pertaining

to the criteria required by Train v.

NRD,

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 not

meet said standa.rds, whether the variance would cause the ambient

air quality to fail to meet said standards.

It is the Order of the Board that Hillman supply the Board

with the aforementioned information within 45 days of this Order.

The ninety day decision period shall commence upon the receipt

by the Board of Hiliman’s Amended Petition.

Failure to timely

file said petition shall cause this matter to be dismissed.

I, Christan L.

Moffett,

Clerk of the Illinois Pollution

Control Boa4d, hereby certify the above Interim Order was adopted

on the

day of_~

,

1976 by a vote of

Christan L. Moffet~1~yerk

Illinois Pollution ~‘áf~trolBoard