ILLINOIS POLLUTION CONTROL BOARD

May 15,

1975

CONTINENTAL CAN COMPANY, INC.,

Metals Division,

Petitioner,

v.

)

PCB 75—201

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon Continental Can Company’s

(Can) May 13, 1975

petition for a variance from Rule 205(F)

of the Air Pol-

lution Control Regulations.

It

is

the

Board~sopinion that the petition is inade-

quate.

Petitioner fails to state the permit requirements

from which it seeks

a variance.

In addition, Petitioner has

no information pertaining

to the criteria required by

Train v

NRDC, Inc.,

43 USLW 4467

(Supreme Court No.

73—1742

April

16, 1975).

Petitioner must show:

1) Whether the

ambient air quality of the area affected by the variance

meets the national ambient air quality standards as adopted

by the Board;

2)

If the ambient air quality does not meet

those standards,

whether the granting of the variance would

contribute

to the area’s failure to meet said standards; and

3)

If the ambient air quality does meet said standards,

whether the variance would cause the ambient air quality to

fail to meet said standards.

It is the order of the Board that Petitioner shall

amend its petition within 45 days of this Order to provide

the above described information.

Failure to timely file the

amended petition shall cause the petition to be dismissed

for inadequacy without prejudice.

The 90-day decision

period set by Statute shall run from the date of filing the

amended petition.

IT IS SO ORDERED.

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

Control Board, hereby certify that the above Opinion and

Order were adopted

°Fthe

/.tt~

day of fl)

1975 by a vote of

3~~o

QJthL/?2QJJl~

Christan

L. Moff

~9,~1er:

Illinois Po1iutiorV~6ntroiBoard

17

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63