ILLINOIS POLLUTION CONTROL BOARD

June

6,

Petitioner,

vs.

)

PCB 75—226

Respondent.

ORDER OF THE

BOARD

(by

Mr.

Henss):

Petitioner requests variance from Rule 205(f) Air Pollution

Control Regulations from May 29, 1975 until May 29,

1976.

The

purpose of the variance is to allow Petitioner the use of toluol

in its production of plastic laminates until such time as

Petitioner can substitute exempt solvents in its process and

thereby come into compliance with Rule

205.

A variance was

previously granted to Arvey Corporation but the compliance plan

originally proposed has not yet been implemented.

The variance petition is inadequate in that it fails to

comply with the recent United States Supreme Court decision in

Train, Administrator,

etc.

vs. Natural Resources Defense Council

(No, 73~l742).

In brief, the United States Supreme Court ruled

that the Clean Air Act authorizes states

to grant variances from

implementation plan requirements

if such variances do not inter~

fere with attainment or maintenance of national ambient

air

quality standards.

Illinois

is required to attain the

ambient

air standards by July

31,

1975.

This Board can grant

individual

variances beyond that date

if the

variances do not interfere with

the attainment and subsequent maintenance of the national ambient

air quality standards.

The petition fails to inform the Board whether the grant of

a variance would interfere with the attainment or maintenance of

the national ambient air quality standard,

There are no data

bearing on the quality of the ambient air which is affected by

Petitioner’s emissions;

there is no statement,

testimony or

allegation regarding the issue.

Petitioner

is ordered to supply the missing allegations and

information within 45 days.

If the additional information has

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299

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not been filed with the Board within that period of time the

petition will be subject to dismissal for inadequacy.

The Board notes that the Petition for Variance was filed

on June

2,

1975.

Since the petition was inadequate

as

filed

it will be impossible to comply with the statutory requirement

that variance petitions be decided

within

90

days

of

the

date

of their filing.

Therefore,

Petitioner should

file

along with

the additional information required

by the Train decision,

a written waiver of its right

to a decision within

90 days or

a statement that the 90 day period

shall commence with the

It is so ordered.

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

Board,

hereby

certify

the above Order was z~doptedthe

day

of

1975 by

a vote of

~

_____________

r\J

Christan

L.

Moffett~

~k

Illinois

Pollution

Co~i~ol Board

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