ILLINOIS POLLUTION CONTROL BOARD
    February
    4,
    1982
    AMERICAN AIR FILTER,
    )
    Petitioner,
    v.
    )
    PCB 82—3
    )
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    I.
    Goodman):
    Petitioner submitted a site specific rule change to the
    Board on January 14,
    1982 which is insufficient pursuant to
    Section 28 of the Illinois Environmental Protection Agency,
    nor does it suggest adoption or amendment of an existing rule.
    Furthermore, there is a question as to whether the Petitioner
    should be classified as
    a “Large Appliance” coater and subject
    to Chapter
    2 Rules 104(b)(1)
    and 205(n)(1)(H).
    If
    so,
    it is
    likely that Petitioner will require a variance during the site
    specific rule change procedures.
    The Board has therefore inter-
    preted this as a variance petition.
    As
    such,
    it does not satisfy
    the requirements of Procedural Rules 40l(a)(6),
    (8) and
    (9)
    and
    401(b).
    Specifically, Petitioner failed to discuss alternative
    compliance means,
    provide a compliance plan, request or waive
    hearing, and if waived, provide an appropriate affidavit.
    Petitioner has forty-five
    (45) days from the date of this
    Order to
    so amend, or the Petition is subject to dismissal.
    The ninety day decision period will commence the day the
    necessary amendments are filed with the Board.
    IT
    IS SO ORDERED.
    Board Member
    D. Anderson dissented.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control ~oard, hereby certify that the above Order was adopted
    on the
    _____
    day ~
    ,
    1982 by a vote of
    ~L.
    Christan
    L. Moff4
    ,
    Clerk
    Illinois Pollutio
    ontrol Board
    45—307

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