ILLINOIS POLLUTION CONTROL BOARD
    May 5, 1988
    ABBOTT LABORATORIES,
    Petitioner,
    v.
    )
    PCB 88—78
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J.D. Dumelle):
    This matter comes before the Board upon a Petition For
    Variance filed by Abbott Laboratories on ~4ay 2, 1988. The Board
    must note its confusion with certain aspects of this petition.
    First, Abbott requests variance “from certain of the rules
    recently adopted” until December 31, 1991. Then Abbott requests
    the Board to grant it variance from Section 215.480(a) by
    “eliminating the requirement that the Section still applies if
    the emissions from a single source exceed 100 lbs/day.’t It
    appears by this language that abbott is requesting that the rule
    be changed, not that a variance be granted from the rule. If
    this is indeed the case, the Board notes that a Petition For
    Vartance is not the proper means by which to effectuate a rule
    change. Before the Board can consider accepting this petition,
    Abbott must clarify its request.
    Second, Abbott’s Petition is unclear as to the information
    required by Section 104.121(f), i.e., a detailed description of
    the existing and proposed equipment or proposed method of control
    to be undertaken to achieve full compliance with the Act and
    regulations. Abbott states that:
    “Abbott does not believe that it should be
    required to add any new control equipment.
    Rather, Abbott believes that it has
    demonstrated that its present control
    strategy represents RACT and that it is
    entitled to a site—specific rule which would
    grant permanent relief similar to the
    temporary relief requested herein. However,
    Abbott understands that the Board cannot
    presume that such relief will be granted, and
    if it is denied, Abbott believes that
    installation of the prescribed control
    equipment within twenty months of denial.”
    (Petition for Variance PCB 88—78, P. 9).
    89—135
    —2—
    The Board does not understand this language. Abbott must clarify
    what it proposes to do to achieve full compliance during the
    period of any variance granted.
    Unless an amended petition is filed within 45 days of the
    date of this Order, this matter will be subject to dismissal.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    _______________
    day of ~77)
    ,
    1988 by a vote
    of
    -
    .
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    89—136

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