ILLINOIS
    POLLUTION CONTROL BOARD
    April 16,
    1981
    ROWE FOUNDRY
    & MACHINE CO.,
    Petitioner,
    v.
    )
    PCB 81—49
    ILLINOIS ENVIRON~NTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by D. Satchell):
    On April 13, 1981 the Illinois Environmental Protection
    Agency
    (Agency)
    filed a motion to dismiss the variance petition
    filed April 2, 1981 by Rowe Foundry
    & Machine Co.
    (Rowe).
    A hear~
    ing request was filed April
    7,
    1981.
    The petition
    is deficient
    with respect to Procedural Rules
    401(a) (4)
    ,
    401(a) (5)
    ,
    401(a) (6)
    401(a) (7), 401(a) (10) and 401(d).
    Since
    a hearing
    is requested,
    Rowe need not provide evidence with the petition to support its
    allegations concerning ambient air quality.
    However, the petition
    falls short of providing an assessment, with supporting factual
    information, of the environmental impact, including data describing
    existing air quality
    Procedural
    Rule 407(a) (7)J.
    It is necessary
    that the Agency have enough information to prepare to meet petition-
    er’s evidence at the hearing.
    The Agency’s motion requests an analysis of federal law from
    Rowe.
    The parties should be advised that Procedural Rule
    401(d)
    has been amended to require only that the petition indicate whether
    the requested relief is consistent with federal law
    (R80-12, Adopted
    Rule, Final Order,
    February 5,
    1981;
    5 Ill.
    Req. no.
    11,
    p.
    2763,
    March 13,
    1981).
    The Agency will be required to file an analysis
    with the recommendation Procedural
    Rule 405(a)(5)I.
    The petition
    is deficient even under the amended Procedural Rule 401(d)
    since
    it
    includes no federal law statement whatsoever.
    The motion to dismiss
    is denied pending receipt of an amended
    petition.
    This matter will be subject to dismissal unless an
    amended petition noting the above deficiencies is filed within forty-
    five days of the date of this Order.
    The decision period will
    corn--
    mence with the filing of a sufficient amendment.
    IT IS SO
    ORDERED.
    41—291
    —2—
    I, Christan L. Moffett, Clerk of the Illinois Pollution Contro1~
    Board, hereby certify that the above Order was adopted on the
    _____
    day of ________________________,
    1981 by
    a vote of
    ç
    .
    /
    ~
    7!
    Christan
    L. MoffetE, C~rk
    Illinois Pollution Control Board
    L1.
    1—292

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