ILLINOIS POLLUTION CONTROL BOARD

May 29, 1975

AMCO

ENGINEERING COMPANY,

Petitioner,

v.

)

PCB 75—134

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr.

Zeitlin):

The Petition for Variance in this matter was filed on

March 28,

1975.

Thereafter,

on April

4,

1975,

the Board

entered an Interim Order requiring that Petitioner Amco

Engineering return with more information to satisfy the

requirements

of Procedural Rules 401 (a) (iii),

(iv),

and

(v)

On May 16,

1975, Petitioner submitted to the Board an Amended

?etition for Variance.

On the face of the Amended Petition,

it would appear

that Petitioner is attempting in good faith to comply with

the applicable Procedural Rules of this Board.

However, the

requirements for a variance petition have changed since the

April

4, 1975

“more information” Order was issued by the

Board.

The United States Supreme Court handed down its

decision in Train

v. Natural Resources Defense Council,

43 U.S.L.W. 4467

(U.S., April

16, 1975),

requiring a showing

that the grant of

a variance by this Board will not result

in a violation of the national ambient air quality standards,

or in a

failure to maintain those standards.

Petitioner does state in its Amended Petition that,

“granting of this variance would produce no injury to the

public.” That simple statement is not sufficient to meet the

requirements of the Train decision.

For that reason,

the

Amended Petition in this matter is inadequate.

A second Amended

Petition shall be filed with the Board within

45 days of the date

of this Interim Order correcting that deficiency.

Failure to

timely file such a second Amended Petition shall render this matter

subject

to dismissal for inadequacy.

The 90 day decision period

set by statute shall run from the date of filing said second

Amended Petition.

17

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211

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IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board hereby certify that the above Interim Order

was adopted on the

~g~1

day of

__________________,

1975

byavoteof~

to~

.

Christan L, Moffet~ Jjerk

Illinois Pollution

&iftrol Board

17

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