ILLINOIS POLLUTION CONTROL BOARD

May 15, 1975

NT, CARMEL PUBLIC UTILITY,

Petitioner,

v.

)

PCB 75—41

ENVIRONMENTAL PROTECTION AGENCY,

Respondent,

INTERIM ORDER OF THE BOARD (by Mr. Zeitlin):

The Petition for Variance in this .matter was filed on

January 27,

1975,

containing a waiver of Petitioner~sright

to a decision within 90 days, On May 8, 1975 the Bo~ard

entered an Interim Order requiring that Petitioner Mt.

Carmel supply to the Board, within 120 days, specific information

which the Board found to be required under the recent United

States Supreme Court case of Train v. Natutal_Resources Defense Council,

43 U~S~L~W.4467 (U.S. No, 73~l742, April 16, 1975). Thereafter,

on May 9, 1975, the Environmental Protection Agency filed

its Motion for Hearing, which is the subject of this Order.

The Agency~sMotion is not timely under the Board~s

Procedural Rules when viewed in light of the January 27,

1975 filing date of the Petition. The Agency~sMotion is denied.

IT IS

SO ORDERED.

I, Christan L. Noffett, Clerk of the Illinois Pollution

Control Board hereby cçr~ifythat the above Interim Order

was

adopted on the /~5~dayof

~

1975 by

a vote of ~to

,

Q

Christan L, Moffe

,

lerk

Illinois Pollutio

trol Board