ILLINOIS POLLUTION CONTROL BOARD

June 26, 1975

FEDERAL PAPER BOARD

CO.,

INC.

Petitioner,

v.

)

PCB 75—247

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD (by Mr. Zeitlin):

The Petition for Variance in this matter was filed on

June 20, 1975. It seeks relief from Rules 203(g) and 204(c)

of the Air Pollution Regulations. The Variance from Rule

203(g) is sought until July 31, 1975, and that from Rule

204(c) is sought for a period of one year.

That section of the Petition seeking relief from the

sulfur dioxide standards is inadequate in light of the

recent decision of Train v, N.R.D.C., 43 J.S.L.W. 4467

(U.S., April 16, 1975). The Train case requires that,

before a Variance may be granted, it must be shown that such

grant will not interfere with the attainment or maintenance

of the National Ambient Air Quality Standards, With regard

to sulfur dioxide, petitioner merely quotes the following

language: ~Although there are little sulfur dioxide data for

rural areas, the annual ambient air quality standard for

sulfur dioxide is quite likely not being violated.” Petitioner

then also claims that its emission source is located in a

rural area, although that area is classified, under the Air

Pollution Regulations, as part of the Chicago Major Metropolitan

Area, This is insufficient under the Board~s interpretation

of the Train case; a further showing is required.

It is the order of the Board that petitioner shall

amend its Petition within 45 days of the date of this Order

to provide the further showing required under the Train

case. 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 of the Amended Petition.

IT IS SO ORDERED.

17

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449

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

Control Bo rd, hereby certify the above Order was adopted on

the

_________

day of June, 1975 by a vote of

“I~t~

Christan L. Moffett,

c(

Cler

Illinois Pollution Control Board