ILLINOIS POLLUTION CONTROL BOARD

January

8,

1976

B1~.RCOLOVERDOOR COMPANY,

INC.

Petit.ioner,

v.

)

PCB 75—367

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION OF THE BOARD

(by Mr. Dumelle):

On December

18,

1975 the Board ordered the instant Petition

for Variance dismissed as moot.

P~titionerhas failed to demonstrate

that it

is not entitled to an operating permit under~Air Regulation

205(f)(2) (D)

as amended by R75—3

on September

29,

1975.

That

amendment extended to May 30,

1977 the exemption of certain materials

from the requirements

of

205(f).

The instant petition was filed

on September 19,

1975.

Petitioner has failed to demonstrate

a need

for a variaj~cein that Petitioner has neither pleaded nor proven

that

it

is not entitled to an operating permit and that its

Petition

is. not therefore mooted by R75-3.

This Opinion constitutes the Board’s findings of fact and

conclusions of

law.

I,

Christari L. Moffett, Clerk of the Illinois Pollution Co~itrol

Board, hereby certify the above Opinion was adopted on the

3~\

day

of January, 1976 by a vote of

i.J.....~

C ristan

L.

-

offett,

erk

Illinois Pollution

trol Board