ILLINOIS POLLUTION CONTROL BOARD

Nay

29,

1975

DEERE AND COMPANY,

Petitioner,

v.

)

PCB 74—469

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

INTERIM ORDER OF THE

~OARD

(by Mr.

Goodman)

This matter comes before the Pollution Control Board

(Board)

on Deere and Company’s

(Deere) petition for a var-

iance from Rule 203(a) of the Air Pollution Contrcl Regulations.

The Board is of the opinion that the United States

Supreme Court decision of April 16,

1975, entitled Train

v. NRDC et

al,

43 LW 4467, requires additional information

be made available to the Board where an Air Variance Peti-

tion seeks

a revision beyond July of 1975.

Although Exhibit 5, entitled The Central Illinois Intra—

State Air Quality Control Region 66, indicates Region

66

(which includes the Vermillion County location of Deere’s

foundry), has met the primary air quality standards

in 1973,

there is no data indicating that the local air quality meets

the national ambient air quality standards.

In order for an

air variance petition to minimally meet

the, standards of

Procedural Rule 401(c),

the following,

in addition to the

information previously required, must be included in the var-

iance petition:

1) A showing by Petitioner as

to whether the

ambient air quality of the area affected by the variance

meets the national ambient air quality standards;

2)

If the

ambient air quality does not meet these standards, whether

the granting of the variance would contribute

to the area’s

failure to meet such standards;

and

3)

If the ambient air

quality does meet such standards, whether the variance

would cause the ambient air quality to fail to meet such

standards.

Any petition which does not contain such infor-~

mation will be subject to dismissal without prejudice for

inadequacy.

The petition filed herein on December 13, 1974,

is

inadequate as it failed to include the above-described

information.

Petitioner shall amend its petition within 45

days to provide this information.

Failure to timely file

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191

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the amended petition with the Board and Agency shall cause

the petition to be dismissed for inadequacy.

Any facts

alleged in an amended petition shall be sworn to by means

of a verified amendment.

The Agency shall have 15 days

subsequent to any amendment to file a response thereto.

Deere has issued an open waiver of its rights under Section

38 of the Act.

IT IS SO ORDERED.

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

Control Board, hereby certify the above Order was adopted on

t~e

~g1’)

day of

#77

,

1975 by a vote of

Christan L. Moffett,

k

Illinois Pollution C

rd

Board

17

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