ILLINOIS POLLUTION CONTROL BOARD

July 22, 1976

CATERPILLAR TRACTOR CO.,

)

Petitioner,

v.

)

 PCB 76—131

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

INTERIM ORDER OF THE BOARD

 (by Mr.

 Zeitlin):

In an Interim Order entered June

3,

 1976,

 the Board found that

Caterpillar’s original Petition in this matter,

 filed May

7,

 1976,

was inadequate.

 Caterpillar was granted 45 days

 to amend its

Petition.

In finding that Petition inadequate, the Board stated,

2.

 The Petition fails

 to show a compliance plan;

eithersuch

 a compliance plan should be shown,

 or the

inapplicability of the compliance plan requirement should

be discussed.

In its Amendment to Variance Petition,

 filed July

15,

 1976,

Caterpillar stated,

Caterpillar asserts that compliance schedules should

not be necessary whenever:

(a)

 There are no regulations with which to

comply

 (i.e., sulfur dioxide and particulate

emissions limitations)

Caterpillar’s original Petition cited Commonwealth Edison

Co.

v. Pollution Control Board, No.

47352

 (Ill.

 Jan.

20,

 1976), and

apparently now contends that because of the Supreme Court’s reversal

there of certain emission Regulations, no emission

 Regulations apply

to its plants.

 Caterpillar nowhere discusses the applicability of

the old Air Pollution Control Board Rules.

—

163

—2—

In light of these pleadings, and to avoid undue procedural

delay, we shall Order that the Environmental Protection Agency

respond to Caterpillar’s contention that no emission Regulations

are applicable to Caterpillar’~splants.

Caterpillar shall also be required to expand on its above

quoted statement.

 Further, the parties should address the applicz?~-

bility of other rules to the permit process in either the presence

or absence of applicable emission standards.

The pleadings ordered in this Interim Order should be filc~

with the Board by August

9,

 1976.

IT IS SO ORDERED.

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

Control Boar~1,hereby cer ify the above Interim Order

 as adopted

on the

~

 day of

_________,

 1976,

 by a vote of

rQ

Illinois Pollution

—

164