ILLINOIS POLLUTION CONTROL B~RD

June 6, 1975

ILLINOIS CENTRAL GULF RAILROAD,

Petitione

v.

)

PCB 75—222

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by Mr.

Dumelle):

The Petition, filed May 29, 1975 is inadequate in that no

ambient

air quality data are given to justify a variance under

the recent U.S. Supreme Court decision in Train v. NRDC (No. 73—1742) ~

decided April 16, 1975.

Petitioner is directed to the Board’s Environmental Register No.

102, (p. 1), for an explanation of this decision and for citations

of recent cases before the Board.

Petitioner shall amend the Petition within 35 days from the

date of this Order to provide

ambient

air quality data sufficient

to support the variance

under

the Train decision.

Failure to timely file the amended petition shall make the

case liable to dismissal for inadequacy. The 90—day decision

period set by statute for decision shall run from the date of filing

the amended petition provided a waiver to that effect has been

executed by the Petitioner.

IT IS SO ORDERED.

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

Board, hereby certify the above Order was adopted on the (,~1 day

of June, 1975 by a vote of .~‘..p

Illinois Pollution

1 Board

17

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