I
    I
    ILLINOIS POLLUTION CONTROL BOARD
    May 8,
    1975
    I
    AMERICAN FOUNDRY
    AND
    MFG.
    CO.,
    Petitioner,
    )
    )
    v.
    )
    PCB 75—155
    I
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE
    BOARD
    (by t~r.Odell)
    On April 14, 1975,
    the American Foundry and Mfg.
    Co.
    filed
    a Petition For Variance with the Illinois Pollution Control
    Board
    (Board).
    The following necessary information was not con-
    tained in the Petition:
    1.
    The Rules from which the variance was sought.
    2.
    A compliance program. Petitioner indicated it was in-
    vestigating possible methods of compliance but plans presently
    under consideration were too expensive to be implemented.
    3.
    The relationship between the Petitioner’s plant in
    Salem,
    Illinois and the corporation, headquartered in
    St. Louis,
    Missouri.
    Petitioner indicated that its present operations are
    not profitable.
    It is unclear whether this applies to the corpora-
    tion generally or also includes the Salem plant.
    4.
    Recent test data.
    The 1970 test data submitted are too
    outdated to give the Board reliable information on present emis-
    sions.
    5.
    Information on the ambient air quality for particulates
    for the Salem area.
    In Train v. Natural Resources Defense Council
    43 LW 4467
    (April 15,
    1975)
    the United States Supreme Court ruled
    that variances can be granted provided federal ambient air quality
    standards are not violated.
    Data showing compliance with the
    particulate standards must be submitted to the Board.
    I
    While the Board has discretionary power to order more in-
    formation to be filed in cases in which inadequacies can be easily
    •
    cured, the omissions
    in the subject Petition For Variance are sub-
    stantial enough that dismissal is warranted.
    Petitioner can file
    another petition which complies with Rule 401 of the Procedural
    Rules and meets applicable federal requirements.
    I
    I
    16—645
    I
    —2—
    Petition For Variance is dismissed without prejudice for
    lack of information.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Or~erwas adopted on the
    ~
    day of May,
    1975, by a vote of
    ~
    OJ~-~s~,r)
    ~‘d~
    Christan L. Moff~~:Clerk
    Illinois Pollutio~Control Board
    16—646

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