ILLINOIS POLLUTION CONTROL BOARD
    August 7, 1975
    QUALITY READY MIX CONCRETE COMPANY
    Petitioner,
    vs.
    )
    PCB 75—300
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent4
    )
    ORDER OF THE BOARD (by ~r. Henss):
    Petitioner has filed a short letter requesting “an
    extension on our burning permit for the waste wood from
    the demolition program of the Chicago Northwestern Trans-
    portation Railroad Company4 We have been informed that
    this work will continue to January 1, 1976 and therefore
    would need an extension if possible”. No further ~nfor-
    mation is given.
    We believe that Petitioner is actually seeking a
    variance from Rule
    502(a)
    of the Air Pollution Control
    Regulations since the variance previously granted (PCB 75-73)
    expired July 31, 1975. However, that is not clearly stated
    and we must dismiss the petition for lack of compliance with
    our Procedural Rule 401. If the request is for a variance
    for the open burning of wood waste then we must also call the
    attention of Petitioner to that language in our prior Order
    which is set out below:
    “Petitioner states that the disposal program should
    last about 90 calendar days. However, the record does
    not support any variance extending beyond July 31, 1975.
    The United States Supreme Court has recently ruled that
    the states can grant variances if such variances do not
    interfere with the attainment or maintenance of national
    ambient air guality standards (Train, Administrator,
    Environmental Protection Agency vs. Natural Resources
    Defense Council, Inc. No. 73—1742). Illinois is required
    18— 334
    —2—
    to attain the ambient air standards by July 31, 1975.
    This Board can grant individual variances beyond that
    date only if the variances do not interfere with the
    attainment and subsequent maintenance of national
    ambient air quality standards. There is no statement,
    testimony or data in this record which would indicate
    whether the grant of this variance would interfere with
    those air quality standards. Therefore, the variance
    must terminate on July 31, 1975.
    If Petitioner chooses to submit a new petition for
    variance, such petition must address the air quality issue.”
    It is Ordered that the petition filed July 30, 1975 be
    dismissed without prejudice.
    I, Christan L. Moffett, Clerk of the Illinois Pollution cpntrol
    Board, hereby cc tify the above Order was adopted the
    ~
    day of
    ___________
    ,
    1975 by a vote of
    ____________
    Christan
    OIfl~4~
    L. Moffe~
    ,
    lerk
    Illinois Pollution ntrol Board
    18— 335

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