ILLINOIS POLLUTION CONTROL BOARD

July 10, 1975

AMCO ENGINEERING COMPANY,

Petitioner,

V.

)

PCB 75—134

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD (by Mr. Zeitlin):

On July 9, 1975, the Board received a further Amendment

to Petitioner Arnco Engineering Company’s Amended Petition

for Variance of May 16, 1975. This further Amendment was

submitted by Amco in response to the Boardvs Interim Order

of May 29, 1975, requiring a showing that a grant of the

Variance requested by Amco would not result in a violation

of the National Ambient Air Quality Standards, or a failure

to maintain those standards, as is required under the U.S.

Supreme Court recent decision of Train v. Natural Resources

Defense Council, 43 U.S.L.W. 4467 (U.S., April 16, 1975).

The further Amendment submitted by Amco does not adequately

respond to the Board’s May 29, 1975 Interim Order. As

amended, Amco’s Petition for Variance fails to make the

showing which this Board has determined to be required under

the Train decision. Due to the length of time which has

elapsed since the original submission of Amco’s first Variance

Petition, the Board is of the opinion that it would serve no

purpose to require further information Instead, Amco’s

Petition, as amended, will be dismissed without prejudice;

Petitioner is invited to resubmit a new Variance Petition

which will satisfy the requirements of the Train decision.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was

adopted on the

~

day of

~L~L ,

1975 by a vote of

to ~

Illinois Poi1utio~ trol Board

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