ILLINOIS POLLUTION CONTROL BOARD
    May
    8, 1975
    CPC INTERNATIONAL,
    INC.
    (Bedford
    )
    Park Plant),
    )
    Petitioner,
    vs.
    )
    PCB 75—175
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    INTERIM ORDER OF THE BOARD
    (By Mr. Zeitlin):
    The Petition for Variance in this matter was filed
    April 25,
    1975; it seeks an extension of a prior Variance
    from the particulate standards of the Board’s Air Pollution
    Regulations for Petitioner’s Bedford Park plant.
    The extension
    is sought until August 30,
    1976.
    The Petition in this matter, (at para.
    10), states that
    the grant of the Variance requested “will not have a negative
    impact on the environment”.
    Such a statement is insufficient
    to fulfill the requirement now in effect generally for air
    variances requested before this Board.
    Those requirements
    are the results of the U.S. Supreme Court’s recent decision
    in Train v. N.R.D.C.,
    43 U.S.L.W.
    4467(tJ.S., Apr.
    16,
    1975).
    Under the Train decision, the Board cannot grant air
    variances past July 31,
    1975, absent a showing that such
    a
    grant will not result in
    a violation of the national primary
    ambient air quality standards,
    or a showing that such a
    grant will not result in
    a failure to maintain such standards
    if they have already been achieved.
    The statement quoted
    above is insufficient to meet that requirement.
    See, King-
    Seeley Co., Thermos Div.
    v. EPA, PCB 75-159 (April 24,
    1975)
    Petitioner shall amend its Petition within 45 days of
    this Order to provide a showing that the factors cited above
    have been satisfied.
    Failure to timely file the Amended
    Petition with the Board and Environmental Protection Agency
    shall render the Petition herein subject to dismissal for
    inadequacy.
    The 90-day decision period set by statute shall
    run from the date of filing of the additional information
    required by this Order.
    IT IS SO ORDERED.
    16
    —
    657
    —2—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board hereby certify thai
    the above Interim Order of
    the Board was adopted on the
    ~
    day
    ~
    ,
    1975 by a vote o~ ~
    to
    ~
    .
    Christan L. Moffet ,Dclerk
    Illinois Pollution ~e5ntrol Board
    16—658

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