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
—
67