ILLINOIS POLLUTION CONTROL BOARD
June 6, 1975
MIDWEST METALS, INC.,
Petitioner,
)
v.
)
PCB 75—231
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
INTERIM ORDER OF THE BOARD (by Mr. Goodman)
This matter
comes
before the Pollution
Control Board
(Board) upon petition of Midwest
Metals, Inc., for variance
from Rules 103(a) and 103(b) of the
Air Pollution Control
Regulations.
The petition is inadequate in that it fails to include
information pertaining to the criteria required by Train
V.
NRDC, 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
areats failure to meet said standards; and
3)
If the ambient
air quality does meet said standards, whether the variance
would cause the ambient air quality to fail to meet said
standards.
It is the Order of the Board that Petitioner
shall
amend its petition within 45 days of this Order to provide
the above described information. Failure to timely file
the
amended petition shall cause the petition to be dismissed
for inadequacy without prejudice. The 90-day decision
period set by Statute shall run from the date of filing
the
amended petition.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of
the Illinois Pollution
Control Board, hereb certify the above Order wa~adopted
on
the
~Q~’
day of_________ 1975 by a vote of ~
0
Christan L. Mof ett, r
Illinois Pollution
01
Board
17
—
303