ILLINOIS POLLUTION CONTROL BOARD
    July 10,
    1975
    ABITIBI CORPORATION,
    Petitioner,
    v.
    )
    PCB 75—207
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    INTERIM ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    Petition for Variance,
    filed on May 19,
    1975, seeks relief
    from Rule
    205(f) and 103(b) (2)
    of The Air Pollution Regulations.
    The Variance
    is sought for one month,
    from May 30,
    1975 to
    June
    30,
    1975.
    On June
    30,
    1975, Petitioner filed an Amended
    Petition requesting an additional six months Variance,
    or
    until December 30,
    1975.
    The Petition, seeking relief from the hydrocarbon emission
    limits,
    is
    inadequate
    in
    light
    of
    the
    recent
    decision of
    Train v.
    N.R.D.C.,
    43 U.S.L.W. 4467
    (U.S. April
    16,
    1975).
    The Train case requires that, before Variance may be granted,
    it
    must be shown that such grant will not interfere with the
    attainment or maintenance of the National Ambient Air Quality
    Standards.
    The Amended Petition does not address these
    requirements.
    See, King—Seeley Co. v EPA,
    PCB 75—159
    (April 24,
    1975)
    (Interim Order of the Board);
    Great Lakes
    Carbon Corp.
    v. EPA, PCB 75-85
    (May 22,
    1975)
    Petitioner states that while
    their hydrocarbon emissions
    discharged
    to the atmosphere
    is
    a significant level of emission
    from
    a given point sou’-ce,
    it is insignificant
    in
    respect to
    the total amount of hydrocarbons released in the Chicago
    Metropolitan Area;
    and that the adverse effect on the public
    would be minimal.
    This
    is insufficient under the Board’s
    interpretation
    of the Train case.
    It
    is the Order of the Board that Petitioner
    shall amend
    its Petition within
    45 days of the date of this Order to provide
    the
    further
    showing
    required
    under
    the
    Train
    case.
    Failure
    to
    tirnely
    file
    the
    second
    Amended
    Petition shall cause
    the
    Petition
    to
    be
    dismissed without prejudice,
    for reason of
    inadequacy.
    The
    90~-day decision
    period
    set
    by
    statute
    shall
    18
    —
    79
    run from the date of filing of the second Amended Petition.
    IT
    IS
    SO
    ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, her~bycertify the above Interim Order was adopted
    on the
    ~
    “
    day
    of
    _________,
    1975 by
    a vote of
    ~.
    ~
    Christan L. Moffett,/
    rk
    Illinois Pollution C
    ol Board
    18
    —
    80

    Back to top