ILLINOIS POLLUTION CONTROL BOARD
October
30,
1975
DEL MONTE CORPO~TION,
)
Petitioner,
V.
)
PCB
75—415
ENVIRONMENTAL
PROTECTION
)
/
I
Respondent.
INTERIM
ORDER
OF THE BOARD (by Mr. Zeitlin):
The Petition
for Variance
in this matter was filed on
october 24. 1975.
That
section of the Petition seeking
relief
from the
organic material emission standards is
snadequate sri light of Train
v.
N.R.D.C., 43 U.S.L.W. 4467
(U~S.
• April
16, 1975)
~ThT~erequires
that,
before
a Variance may be gran~ed7it must be shown that such
qrant wIll not
interfere with the attainment or maintenance
of tao National Ambient
Air Quality Standards. The Petition
does
not
address
these requirements. See, King—Seeley Co.
a ~EPA,
PCB 75—159
(April 24, 1975) (~erim Order of th~
~i~j~ Great
Lakes Carbon Corp. v, EPA, PCB
75-85
(May
22,
1975).
ii:
is
the Order of the
Board
that
Petitioner shall
amend ii:s Petition
within
45
days
of the date of
this Order
to provide the further showing required under the Train
case.
Failure to timely file the Amended Petition shall
cause the Petition to be dismissed without~ prejudice, for
:Lnadequacy~~ The 90-day decision period set by statute shall
run from the date of filing of the Amended Petition.
IT IS SO ORDERED.
I. Christan L, Moffett, Clerk of
the Illinois Pollution
Concrol Board~
hereby certify th~ajove
Order was
adc~ptedon the ~
day of ~
,
1975 by a vote of
Christan L. of f
C
er
Illinois Pollutio
ontrol Board
19—
173