ILLINOIS POLLUTION CONTROL BOARD
    September
    4,
    1975
    B. FOX,
    LTD.,
    Petitioner,
    v.
    )
    PCB 75—212
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    Petitioner
    B.
    Fox,
    Ltd.,
    filed its original Petition
    for Variance on May 21,
    1975.
    Petitioner sought a Variance
    from Rule 204(c) (1) (a)
    of Chapter
    2:
    Air Pollution,
    to allow
    the continued u3e of high—sulfur Illinois coal at its Belleville,
    Illinois plant.
    On May 22,
    1975,
    the Board entered an Order requiring
    more information to support that Petition,
    as follows:
    1)
    The Petition failed to address the requirements of
    the United States Supreme Court Decision of Train v.
    Natural Resources Defense Council,
    43 U.S.L.W.
    4467
    (U.S.,
    April
    16,
    1975)
    2)
    Petitioner’s claim of financial hardship was
    unsupported.
    3)
    Petitioner’s claim that compliance
    is not feasible
    was unsupported.
    4)
    Petitioner failed to state the length of time for
    which the Variance is sought.
    B.
    Fox,
    Ltd.
    submitted additional information to the
    Board on June 18,
    1975.
    A Recommendation from the Environmental
    Protection Agency
    (Agency) was subsequently received on
    July 23, 1975.
    No hearing was held in this matter.
    As is pointed out
    in the Agency Recommendation, the
    Amended Petition submitted June 18,
    1975 has not corrected
    Petitioner’s lack of an adequate compliance plan.
    Petitioner
    merely states that it desires a variance for the maximum
    time,
    “until coal with sulfur dioxide removal is available.”
    (May 21,
    1975 Petition,
    p.3).
    18
    —
    466
    —2—
    The original Petition in this matter discussed the
    costs of conversion
    to either low—sulfur coal or oil to
    replace the Illinois coal presently used in connection with
    Petitioner’s boilers.
    The conclusion was reached that
    neither of these methods of compliances are within the
    financial means of Petitioner.
    In its Amended Petition,
    Petitioner in essence merely
    restated that conclusion.
    Costs for conversion
    to low-sulfur
    oil were added, and costs for conversion
    to low—sulfur coal
    were again treated.
    While the Board sympathizes with Petitioner regarding
    the cost of compliance,
    the Board has often held that variances
    will not be granted in the absence of some plan to achieve
    compliance.
    No such plan is offered by Petitioner.
    That
    being the case,
    the other issues raised by Petitioner need
    not be addressed;
    the Petition shall be dismissed without
    prejudice,
    for lack of an adequate compliance plan.
    Petitioner
    is invited to resubmit a new Petition more fully addressing
    the question of eventual compliance.
    In addition, Petitioner
    is referred to the other points raised in the Agency’s
    Recommendation.
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board in this matter.
    ORDER
    IT IS THE ORDER OF THE POLLUTION CONTROL BOARD THAT:
    The Petition for Variance of
    B. Fox,
    Ltd.
    in this
    matter is dismissed without prejudice.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby ce~tifythe above Opinion and Order
    was adopted on the
    4’T~
    day of
    ,
    1975,
    by a vote of
    ‘.1_p
    Christan
    L. MoffettJ
    k
    Illinois Pollution
    ol Board
    18
    —
    461

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