ILLINOIS POLLUTION CONTROL BOARD
May 29, 1975
AMCO
ENGINEERING COMPANY,
Petitioner,
v.
)
PCB 75—134
ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
INTERIM ORDER OF THE BOARD
(by Mr.
Zeitlin):
The Petition for Variance in this matter was filed on
March 28,
1975.
Thereafter,
on April
4,
1975,
the Board
entered an Interim Order requiring that Petitioner Amco
Engineering return with more information to satisfy the
requirements
of Procedural Rules 401 (a) (iii),
(iv),
and
(v)
On May 16,
1975, Petitioner submitted to the Board an Amended
?etition for Variance.
On the face of the Amended Petition,
it would appear
that Petitioner is attempting in good faith to comply with
the applicable Procedural Rules of this Board.
However, the
requirements for a variance petition have changed since the
April
4, 1975
“more information” Order was issued by the
Board.
The United States Supreme Court handed down its
decision in Train
v. Natural Resources Defense Council,
43 U.S.L.W. 4467
(U.S., April
16, 1975),
requiring a showing
that the grant of
a variance by this Board will not result
in a violation of the national ambient air quality standards,
or in a
failure to maintain those standards.
Petitioner does state in its Amended Petition that,
“granting of this variance would produce no injury to the
public.” That simple statement is not sufficient to meet the
requirements of the Train decision.
For that reason,
the
Amended Petition in this matter is inadequate.
A second Amended
Petition shall be filed with the Board within
45 days of the date
of this Interim Order correcting that deficiency.
Failure to
timely file such a second Amended Petition shall render this matter
subject
to dismissal for inadequacy.
The 90 day decision period
set by statute shall run from the date of filing said second
Amended Petition.
17
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211
—2—
IT IS SO ORDERED.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board hereby certify that the above Interim Order
was adopted on the
~g~1
day of
__________________,
1975
byavoteof~
to~
.
Christan L, Moffet~ Jjerk
Illinois Pollution
&iftrol Board
17
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212