ILLINOIS POLLUTION CONTROL BOARD

November 26,

1975

WIRCO CASTINGS, INC.,

Petitioner,

v.

)

PCB 75—446

ENVIRONMENTAL PROTECTION

AGENCY,

)

Respondent.

INTERIM ORDER OF THE

BOARD

(by Mr. Zeitlin):

The Petition for Variance in this matter was filed on

November 14, 1975. That section of the Petition seeking

relief from the particulate emission standards is

inadequate in light of Train v. N.R.D.C., 43 U.S.L.W. 4467

(U.S., April 16, 1975). The Train case requires that,

before a Variance may be granted, it must be shown that such

grant will not interfere with the attainment or maintenance

of the National Ambient Air Quality Standards. The Petition

does not address these requirements. See, King—Seeley Co.

v. EPA, PCB 75-159 (April 24, 1975) (Thteri~Order of the

Board); Great Lakes Carbon Corp. v. EPA, PCB 75-85 (May 22, 1975).

It is the Order of the Board that Petitioner shall

amend its Petition within 45 days of the date of this Order

to provide the further showing required under the Train

case. Failure to timely file the Amended Petition shall

cause the Petition to be dismissed without prejudice, for

inadequacy. The 90-day decision period set by statute shall

run from the date of filing of the Amended Petition.

IT IS SO ORDERED.

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

Control Board, hereby certify the above Interim Order was

adopted on the

~J4~’

day of

___________

1975 by a vote of

C ristan L. Moffe

lerk

Illinois Pollution ntrol Board

19—

346