ILLINOIS POLLUTION CONTROL BOARD
    September
    18, 1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 75—267
    TERMINAL RAILROAD ASSOCIATION
    OF ST. LOUIS,
    a Missouri
    )
    Corporation,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Dumelle):
    Motion to Dismiss filed on July 24,
    1975 is denied.
    We
    find that the Federal Noise Control Act of 1972,
    42 U.S.C.A.
    §4901 does not preempt the application of the chapter
    8:
    Noise Pollution Regidations to Respondent as alleged in the
    present complaint.
    We further find that Article VI of the
    United States Const~tuion is not violated by this complaint.
    In addition the allegations in the complaint are adequate to
    advise Respondent of the full extent and nature of the matters
    complained of, and to prepare a defense.
    The allegation concerns localized switching equipment and
    facilities not the rolling stock.
    The Federal Noise Control
    Act of 1972,
    42 U.S.C.A.
    § 4901 et seq.,
    does not preempt
    until the effective date of federal regulations adopted pursuant
    to it.
    There is no federal regulation in effect which pertains
    to the equipment
    in question.
    IT IS SO ORDERLD.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Order was adopted on the
    /5~’
    day of September,
    1975 by a vote of
    ______________
    Christan
    L. Mof ett,
    Illinois Pollution Co
    ol Board
    18— 578

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