ILLINOIS POLLUTION CONTROL BOARD

May 22, 1975

R. FOX, LTD.,

Petitioner,

v.

)

PCB 75—212

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,)

Respondent.

ORDER OF THE BOARD (by Dr. Odell)

On May 21, 1975, R. Fox, Ltd. filed a Petition For

Variance with the Illinois Pollution Control Board (Board).

Petitioner sought a variance from Rule 204 (c) (1) (A) of the

Air Pollution Regualtions (Chapter Two) to continue to opeidte

its coal-fired boilers in excess of the standard of 1.8 pounds

of sulfur dioxide per million BTU input.

Additional information is needed before the Board can con-

sider the merits of the Petition. First, in Train v. Natural

Resources Defense Council, Inc. 43LW 4467 (April 15, 1975) the

United States Supreme Court held that states can grant variances

from their Implementation Plans provided that the national ambient

air quality standards are not violated in the area affected by

the variance. No data, such as are collected by the Illinois

Environmental Protection Agency, have been submitted to show

whether the area in which Petitioner is located is in compliance

with the ambient air quality standards for sulfur dioxide.

Second, additional information is needed to support the con-

clusion on page two of the Petition that “Our operating cost is

figured so close that it would be impossible to absorb this added

expense.” Third, Petitioner should supply additional information

to show that other means of compliance are not feasible. Fourth,

Petitioner does not state the length of time for which the variance

is sought.

Petition For Variance filed May 21, 1975, is inadequate.

Petitioner is requested to file an Amended Petition For Variance

within 45 days of the adoption of this Order. The requirement

for final Board action under Section 38 of the Illinois Environ-

mental Protection Act shall run anew from the time of the filing

of the Amended Petition. Failure to file the required information

within 45 days shall make the Petition For Variance subject to

dismissal on grounds of inadequacy.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, her~b,ycertify that the above Opinion and Order was adopted

on the

c~l~IM

day of May, 1975, by a vote of

__________________

Christan L. MoffettI,,e~tk

Illinois Pollution c~6Wtroi Board

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