ILLINOIS POLLUTION CONTROL BOARD

May 15,

1975

BIRD AND SON,

INC.

)

Petitioner,

vs.

)

PCB 75—166

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by Mr. Henss):

Petition for Variance was filed April

21,

1975, and

four days later the Agency filed its Objection to the

Petition accompanied by Motion for Hearing.

The Motion

for Hearing

is timely and this matter will be scheduled

for hearing on the merits.

In addition to the evidence which is contemplated

by the Petition for Variance Bird and Son is ordered to

include such information in the record as may be required

by the recent United States Supreme Court decision,

Train, Administrator,

etc.

vs. Natural Res~ourcesDefense

Council, et al

(No. 73-1742).

There should be some state-

ment, testimony or data in the record from which the Board

could determine whether the grant of this variance would

interfere with the attainment

or maintenance of national

ambient air quality standards after July 31, 1975.

It is ordered that the Petition for Variance be

scheduled for hearing on the merits.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted on the

________

day of May,

1975 by a vote of

£~-c~

1LL~4~

~

Christan L. Moffe1~~,~1erk

Illinois Pollution’t’6ntrol Board

17 —55