ILLINOIS POLLUTION CONTROL BOARD

May 29, 1975

CATERPILLAR TRACTOR COMPANY,

Petitioner,

v.

)

PCB 74—484

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD (by Mr. Goodman):

Petitioner’s waiver of the 90-day decision rule per-

taining to variances was received by the Pollution Contro~

Board (Board) May 28, 1975. The Petitioner thereby waived

its right to a 90-day decision for a period not to exceed 30

days from the date transcripts of the hearings are received.

The Board feels constrained to point out the Supreme

Court decision of Train v. NRDC, Inc., 43 USLW 4467 (U.S.

No. 73—1742, April 16, 1975) to the Petitioner. The hearing

transcripts must. show 1) Whether the ambient air quality of

the area affected by the variance meets the national ambient

air quality standards; and 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.

If the record does not contain said information, the

variance petition will be dismissed.

IT IS SO ORDERED.

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

Control Board, hereby certify the above Order was adopted on

the

c~g’~’

day of

___________,

Q4~~L\/fl

1975 by a vote

G

of

1/~

~..

1k~6E

0

Christan L. Moffe~.tt/7~)1erk

Illinois Pollution ~(trol Board

17

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