ILLINOIS POLLUTION CONTROL B~RD
June 6, 1975
ILLINOIS CENTRAL GULF RAILROAD,
Petitione
v.
)
PCB 75—222
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by Mr.
Dumelle):
The Petition, filed May 29, 1975 is inadequate in that no
ambient
air quality data are given to justify a variance under
the recent U.S. Supreme Court decision in Train v. NRDC (No. 73—1742) ~
decided April 16, 1975.
Petitioner is directed to the Board’s Environmental Register No.
102, (p. 1), for an explanation of this decision and for citations
of recent cases before the Board.
Petitioner shall amend the Petition within 35 days from the
date of this Order to provide
ambient
air quality data sufficient
to support the variance
under
the Train decision.
Failure to timely file the amended petition shall make the
case liable to dismissal for inadequacy. The 90—day decision
period set by statute for decision shall run from the date of filing
the amended petition provided a waiver to that effect has been
executed by the Petitioner.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the above Order was adopted on the (,~1 day
of June, 1975 by a vote of .~‘..p
Illinois Pollution
1 Board
17
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293