ILLINOIS POLLUTION CONTROL BOARD

November 6, 1975

LINCOLN DEVELOPMENT CENTER,

Petitioner,

)

v.

)

PCB 75—430

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by Mr. Dumelle):

Petition filed November 4, 1975 is inadequate in that

the record of the prior variance petition (PCB 74—438) is not

specifically stipulated into this proceeding. Furthermore, to

the extent that the prior record was deficient in light of

the Board’s interpretation of the Train v. NRDC (43 LW 4467

(April 15, 1975)) case it should be supplemented by whatever

showing is necessary to prove that a violation of the ambient

air quality standards will not occur.

Petitioner shall amend its Petition within 45 days and file

with the Board and the Agency the information necessary to show

that the grant of the variance will not result in a violation of

ambient air quality standards. The Petitioner shall also waive the

90-day decision period set by statute to run from the date of

filing the amended petition.

Failure to timely file the Amended Petition shall make the

Petition liable to dismissal for inadequacy.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollutio; Control

Board, hereby certify the above Oçder was adopted on the

(,‘~

day

of November, 1975 by a vote of .q..~,

Illinois Pollution trol Board