ILLINOIS POLLUTION CONTROL BOARD

January 7, 1988

THE DOW CHEMICAL COMPANY,

)

Petitioners,

v.

)

PCB 88—2

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On January 4, 1988, The Dow Chemical Company and the Mobil

Chemical Company, Inc. filed a joint petition for variance from

35 Ill. Adm. Code Section 215.437 for their polystyrene plants.

The Board is segregating this pleading and making two separate

dockets: PCB 88—2 is Dow Chemical Company and PCB 88—8 is Mobil

Chemical Chemical.

The petition for variance in this proceeding is deficient in

that it commingles the facts and assertions of both Dow Chemical

and Mobil Chemical. An amended petition must be filed, in each

proceeding, which describes only the facts and claims that relate

to that particular petitioner. The Board also notes that the

intention to file a future proposal for regulatory relief does

not constitute a compliance plan.

Unless an amended petition is filed within 45 days of the

date of this Order, curing the above—noted defect, this matter

will be subject to dismissal.

Unless otherwise advised in the amended petitions, the Board

will assign these two proceedings to the same hearing officer

with a request that hearing be scheduled for the same date in the

same location.

IT IS SO ORDERED

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify at the above Order was adopted on

the 7~ day of ________________________, 1988, by a vote

of ~-O

~

Illinois Pollution Control Board

85—23