ILLINOIS POLLUTION CONTROL BOARD
May 22, 1975
NATIONAL METALWARES,
INC.
Petitioner,
v.
)
PCB 75-92
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Dumelle):
Petitioner, National Metalwares,
Inc.,
filed its petition
for variance on February
25,
1975.
On February 27, 1975 we
ordered the petition to be amended to provide the exact rule
from which variance was sought.
The amended petition was
filed March
24,
1975.
Variance is sought from Rule
205(f)
of Chapter
2: Air Pollution Regulations, until May 31,
1976.
National Metalwares operates a facility in Aurora which
manufactures tubular steel frames for the furniture and
appliance industries.
With the formulations of paints and
solvents presently used by National Metalwares,
the Agency
calculates emissions of photochemically r~activehydrocarbons
are 65 pounds per hour
—-
substantially above the
8 pounds
per hour standard in Rule 205(f).
On September
12,
1974 the
Board granted petitioner a previous variance from this rule
until December 31,
1974
(PCB 74—239,
13 PCB 603).
Petitioner
now seeks an extension of this variance and proposes a
compliance plan that calls for switching to the use of water
soluble paints.
On April
16,
1975,
after this matter had been submitted
to us for decision, the U.S. Supreme Court handed down its
opinion in Train v. N.R.D.C.
(73-1742).
The court ruled
that the Clean Air Act authorizes states to grant variances
from implementation plan requirements if such variances do
not interfere with attainment
of maintenance of national
ambient air quality standards.
Illinois is required to
attain the national ambient air standards by July 31,
1975.
We interpret the court decision as limiting our authority to
grant individual variances beyond that date to those cases
in which a variance would not interfere with the attainment
and maintenance of national ambient air quality standards.
17
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163
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The record in the instant case is not adequate to grant
the requested variance.
There are no data bearing on the
quality of the ambient air which
is affected by the petitionerTs
emissions.
Nor is there any statement in the record indicating
whether the grant of the variance would interfere with
attainment or maintenance of ambient air quality standards.
Therefore,
the Board must dismiss the petition without
prejudice.
If National Metaiwares chooses to submit a new petition
for variance,
such petition must address the air quality
issue since the Board will be interested in determining
whether the variance is allowable under the recent U.S.
Supreme Court decision.
ORDER
Petition for variance by National Metalwares,
Inc.
is
dismissed without prejudice.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, her~bj’certify the above Opinion and 0 der were
adopted on the~~
day of May,
1975 by
a vote of
____________
Christan
L.
Moffet,t,
~rk
Illinois Pollution
~ro1
Board
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