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