ILLINOIS POLLUTION CONTROL BOARD

June 6, 1975

MIDWEST METALS, INC.,

Petitioner,

)

v.

)

PCB 75—231

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD (by Mr. Goodman)

This matter

comes

before the Pollution

Control Board

(Board) upon petition of Midwest

Metals, Inc., for variance

from Rules 103(a) and 103(b) of the

Air Pollution Control

Regulations.

The petition is inadequate in that it fails to include

information pertaining to the criteria required by Train

V.

NRDC, Inc., 43 USLW 4467 (Supreme Court No, 73-1742,

April 16, 1975). Petitioner must show: 1) 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 those standards,

whether the granting of the variance would contribute to the

areats failure to meet said standards; and

3)

If the ambient

air quality does meet said standards, whether the variance

would cause the ambient air quality to fail to meet said

standards.

It is the Order of the Board that Petitioner

shall

amend its petition within 45 days of this Order to provide

the above described information. Failure to timely file

the

amended petition shall cause the petition to be dismissed

for inadequacy without prejudice. The 90-day decision

period set by Statute shall run from the date of filing

the

amended petition.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of

the Illinois Pollution

Control Board, hereb certify the above Order wa~adopted

on

the

~Q~’

day of_________ 1975 by a vote of ~

0

Christan L. Mof ett, r

Illinois Pollution

01

Board

17

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303