ILLINOIS POLLUTION CONTROL BOARD

February

2,

1978

LIBBY,

McNEIL

& LIBBY,

INC.,

Petitioner,

v.

)

PCB

78-20

)

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER

OF

THE

BOARD

(by

Mr.

Goodman):

On

January

31,

1978, Libby, McNeil and Libby,

Inc.,

(Libby)

filed a Petition for Variance from Rule 205 of Chapter

2 seeking

permission to shut down two afterburners during the winter months

for five years.

Section 35 of the Environmental Protection Act

authorizes the Board to grant variances where compliance with a

regulation would result in an arbitrary and unreasonable hardship

to the Petitioner.

Libby has alleged no arbitrary and unreason-

able hardship.

The basis

for Libby’s petition is an allegation

that the operation of afterburners during the winter months

is

unnecessary in order to prevent violations of the oxidant ambient

standard.

Such an allegation is essentially

a challenge to Rule

205 itself rather than a claim of arbitrary and unreasonable hard-

ship

to Libby in complying with the regulation.

A challenge to

the appropriateness of a regulation is proper in a regulatory pro-

ceeding but is not the proper subject of a variance petition.

The

petition is dismissed.

I,

Christan

L. Moffett,

Clerk of the Illinois Pollution Control

Board,

hereby certify the above Order was adopted on the

~

day

~

1978 by a vote of

~?~C-~

C)

Christan

L.

fe?

,

lerk

Illinois

Pollution

trol

Board

29—