ILLINOIS POLLUTION CONTROL BOARD
    December 29, 1983
    THRALL
    CAR
    MANUFACTURING
    )
    COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 83—233
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    )
    Respondent.
    ORDER
    OF
    THE
    BOARD
    (by B. Forcade):
    On December 15,
    1983, Thrall Car Manufacturing Company
    (Thrall)
    filed a Petition for Variance from 35 Ill.
    Admin. Code
    215.204(j)(ii)
    (the VOC limitations for miscellaneous metal
    products adopted in RACT II,
    R80—5).
    Thrall’s petition states
    that
    (1) on July 22,
    1983, Thrall submitted to the Agency a RACT
    It compliance program which mistakenly interpreted the
    miscellaneous metal products limitations as applicable to
    Thrall’s railroad car coating operations, (2) Thrall now believes
    its coating operations are more properly subject to the heavy
    off—highway vehicle products limitations of Section 215.204(k),
    and on October
    12,
    1983 requested the Agency to modify its
    operating permit accordingly, and (3) on December 1, 1983 the
    Agency refused such modification.
    Thrall’s December 15,
    1983 Petition for Variance from 35
    tll.Admin. Code 215.204(j)(ii)
    is inadequate in that it fails to
    provide a detailed description of the proposed method of control
    to ultimately achieve full compliance with that regulation, as
    required by 35 Ill.
    Admin. Code 104.121(f).
    Unless Thrall files
    an amended petition curing this defect within 45 days of the date
    of this Order, the petition will be subject to dismissal.
    As this type
    of
    variance
    must
    be reviewed by USEPA, Thrall
    may
    wish to contact the Agency for advice concerning the informational
    needs of USEPA prior to filing any amended petition.
    Thrall
    may
    wish
    to
    consider
    whether
    this
    matter
    might
    more
    properly
    be
    heard
    as
    a
    permit
    appeal
    (of
    the
    Agency’s
    denial
    of
    a
    request for modification) under 35 Ill. Admin. Code 105.102.
    If
    so,
    the Board will entertain a motion to reform the pleadings in
    this matter if filed on or before January 10, 1984.
    —2--
    IT IS
    SO ORDERED.
    I,
    Christan
    L.
    Moffett, Clerk
    of the Illinois Pol1utior~
    Control B9ard, hereby certi~ythat
    the
    above Order was adopted on
    the
    ~
    day of
    ~
    ,
    1983 by a
    vote
    of
    T2-o.
    Illinois Poll
    Control
    Board

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