ILLINOIS POLLUTION CONTROL

:ARD

June

13,

1975

KING-SEELEY CO.,

THERMOS

DIVISION,

Petitioner,

v.

)

75—159

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr.

Zeitlin):

The Petition

in this matter was filed on

April

15,

1975,

seeking extension of

a Variance previously granted

in

King-Seeley Co.,

Thermos

Division v.

EPA, PCB 74~lO7,12 PCL

397

(1974).

On April

24,

1975,

the Board entered an Interim Order

requiring further information, finding the Petition in this

matter inadequate under the recent U.S. Supreme Court decision

of Train v. N,R.D.C.,

43

U.S.L.W, 4467

(U.S. April

16, 1975).

The Board in that Interim Order gave Petitioner

45

days i±occ~rect

the deficiencies noted,

stating that failure to file an Amended

Petition would render the Petition subject to dismissal for in-

adequacy.

The

45

day period granted by the Board~sApril

24, 1975

Interim Order has now passed,

and no further information or

Amended Petition has been filed before the Board,

The deficiencies

noted in that Interim Order are therefore still present.

In

Jie

face of those deficiencies, the Board is not empowered to grant

the relief sought by Petitioner.

It should also be noted that subsequent

to the entry of our

Interim Order, on April

28,

1975,

the Environmental Protection

Agency filed a Motion to Dismiss,

on which the Board deferred

action pending the filing of,

or failure to file,

an Amended

Petition.

Insofar as we are dismissing this Petition for

inadequacy, we need not address that motion or its substance.

The Petition for Extension of Variance in this matter must

be dismissed without prejudice,

for inadequacy, and for failure

to comply with the Board~sInterim Order of April

24,

1975.

IT IS SO ORDERED.

I,

Christan

L.

Moffett,

Clerk

of the

Illinois Pollution

Control Board, hereby certify the above Order was adopted

on the

~

day of~

,

1975 by

a vote

of

______

~sta~e(C~

Illinois Pollution C

~cl

~oard

17

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