ILLINOIS
    POLLUTION
    CONTROL BOARD
    March 24,
    1983
    MODINE MANUFACTURING COMPANY,
    Petitioner,
    v.
    )
    PCB 83—18
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    I.
    G,
    Goodman):
    On March 16,
    1983 the Illinois Environmental Protection
    Agency (Agency)
    filed a Motion to Dismiss arguing in support
    of the motion that none of the three alternative
    forms of relief
    requested by Modine Manufacturing Company (Modine)
    can be granted
    in the context of a variance proceeding.
    The Agency objects to
    Modine’s request that the Board determine whether certain rules
    of Chapter
    2 of the Board~sRules and Regulations apply to
    Modine’s facilities or that its facilities are
    in compliance
    with said rules.
    In addition, the Agency argues that Modine
    has not presented a compliance program designed to achieve
    eventual compliance with the rules.
    Finally, the Agency argues
    that the petition is premature and that it is unable to develop
    a suitable recommendation due to lack of information.
    Modine responds that the Board does have the power to deter-
    mine the applicability of its rules to a facility in the context
    of a variance proceeding and to determine what constitutes com-
    pliance with a rule or regulation of the Board,
    Modine makes
    additional arguments concerning other allegations of the Agency
    in its motion.
    The Board agrees that it has the power
    t.o inter-
    pret the Statutes and the Rules and their application to a par-
    ticular facility.
    It is also clear that the Board may find a
    facility in compliance with a rule when considering whether or
    not a variance shall be granted.
    With respect to the other objec-
    tions voiced in the Agency~smotion, they are all
    a matter of fact
    to be determined by the Board at the conclusion of this proceeding.
    The Agencyt s Motion to Dismiss will therefore be taken with the case.
    IT IS SO ORDERED.
    Board Member J.
    Anderson and D.
    Anderson dissented.
    I,
    Christan L,
    Moffett, Clerk of the Illinois Pollution
    Control Bo~d,hereby certi1fy that the above Order was adopted
    on the
    ~‘-r’
    day of
    1983 by a vote of
    ..~-
    ‘~
    ntrol
    Board
    51-361

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