ILLINOIS POLLUTION CONTROL BOARD

December

4, 1975

CITY OF FAIRFIELD, ILLINOIS,

)

Petitioner,

)

v.

)

PCB 75—456

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr.

Zeitlin):

The Petition for Variance in this matter was filed on

December

1,

1975.

That section of the Petition seeking relief

from the particulate emission standards is inadequate in light

of Train

v. N.R.D.C.,

43

tJ.S.L.W. 4467

(U.S., April 16,

1975).

The Train case requires that before a 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 Petition does not address these requirements.

See, King*Seeley Co.

v. EPA, PCB 75—159

(April

24,

1975)

TTi~terimOrder of the Board); Great Lakes Carbon Corp.

v.

EPA,

PCB 75—85

(Nay 22,

1975).

Further, under Board Procedural Rule 401

(vi)-(ix),

a

Variance Petition must clearly show a definite plan for

compliance with the Board Regulation or Regulations from

which

a Variance is sought.

The instant Petition fails to

conform with those portions of

Procedural Rule 401.

It is the Order of the Board that Petitioner shall amend

its Petition within

45 days of the date of this Order to cure

the defects noted above.

Failure to timely file the Amended

Petition shall cause the Petition to be dismissed without

prejudice,

for inadequacy.

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

Control Board,

hereby certify

e above Interim Order was

adopted on the £/~‘

day of

,‘

1975 by a vote

of~-O

Illinois Polluti

ontrol Board