ILLINOIS POLLUTION CONTROL BOARD
May 8, 1975
CPC INTERNATIONAL, INC., (Pekin
Plant),
Petitioner,
v.
)
PCB 75—176
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
INTERIM ORDER OF THE BOARD (By Mr. Zeitlin):
The Petition for extension of Variance in this matter was
filed April 25, 1975; it seeks an extension of a prior Variance
for Petitioner’s Pekin plant from the particulate standards
of this Board’s Air Pollution Regulations. The extension is
sought for one year, until November 30, 1976.
Under the recent decision of Train v. N.R.D.C., 43 U.S.L.W.
4467 (U.S., Apr.16, 1975), this Board cannot grant air
variances absent a showing that such a grant will not result
in a violation, either caused or contributed to by Petitioner’s
emissions, of the national primary ambient air quality
standards. See, King-Seeley Co., Thermos Div. v. EPA, PCB
75-159, (April 24, 1975). Although Petitioner states, (at
para. 16 of its Petition), that “granting of the variance
will not have an undue negative impact on the environment”,
that statement is insufficient to meet the requirements
imposed by the Train decision.
It should also be noted that Petitioner cites the Board’s
prior Opinion with respect to this Variance, PCB 74-23 (June
6, 1974)
Petitioner states that the Board’s discussion there of the
Pekin plant’s effect on the Primary ambient air quality standards
with respect to particulates remains valid. Conditions, Petitioner
states, have remained unchanged. The Board’s discussion in that
matter, unfortunately, indicated possible violation of the Primary
ambient air quality standards.
16—659
—2—
For the above reasons, the instant Petition to extend
Variance is insufficient. Petitioner shall amend the Petition
herein within 45 days to provide the necessary showing as to
ambient air quality under the Train decision. Failure to
timely file the Amended Petition with the Board and the
Environmental Protection Agency shall render the Petition
herein subject to dismissal for inadequacy. The 90-day
decision period set by statute shall run from the date of
filing of the additional information required by this Order.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board hereby certify that t~eabove Interim Order of
the Board was adopteçl on the __________________day of fy ~
1975 by a vote of ~
to
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Christan L. Mof~ett~Clerk
Illinois Pollution Control Board
16—660