ILLINOIS POLLUTION CONTROL BOARD
    May 22,
    1975
    ILLINOIS POWER COMPANY,
    Petitioner,
    v.
    )
    PCB 75—109
    ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    INTERIM ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    Illinois Power Company filed the Petition for Variance
    in this matter for its Baldwin Electric Power Generating
    Station on March
    7,
    1975.
    Thereafter, on April
    4,
    1975,
    the
    Board entered an Interim Order requiring that Petitioner
    Illinois Power submit certain additional
    information,
    as
    required by Rule 401(a) (bi)-401(a) (ix) of the Board’s Procedural
    Rules.
    Illinois Power,
    on May 16,
    1975,
    submitted an Amended
    Petition for Variance with the compliance plan required by
    the Board’s earlier Order.
    We must again request additional information before
    finding that the Amended Variance Petition in this matter is
    adequate.
    After the Board rendered its Interim Order on
    April
    4,
    1975,
    the United States Supreme Court, on April
    16,
    1975,
    handed down the decision of Train v. Natural Resources
    Defense Council.
    43 U.S.L.W. 4467.
    Under that decision,
    this Board
    cannot grant a Variance absent a showing that such grant
    will not result in a violation of the national ambient air
    quality standards,
    or failure to maintain those standards.
    See, King—Seeley Co.
    v. EPA,
    PCB 75-159
    (April 24,
    1975) (Ir~~erim
    Order of the Board); See also, Great Lakes Carbon Corp.
    v. EPA,
    PCB 75-85
    (May 22,
    1975)
    .
    Such
    a showing has not
    been made by Illinois Power in its Amended Petition.
    While the Board feels that the circumstances leading to
    this further requirement of more information are unfortunate,
    we have no option in the matter,
    as we interpret the Train
    decision.
    17
    —
    165
    Petitioner Illinois Power shall, within 45 days within
    the date of this Order, file an Amended Petition, correcting
    the deficiency noted above.
    Failure to timely file such an
    Amended Petition shall render the Petition subject to dismissal
    for inadequacy.
    The 90 day decision period set by statute
    shall run from the date of filing of the second Amended
    Petition.
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board hereby ceri4~fythat the above Interim Order
    was adopted on the
    ~
    day of
    /Y\o~
    1975 by a vote of~
    to
    ~
    Christan L. Moff
    Illinois Pollutio~ontro1 Board

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