ILLINOIS

POLLUTION CONTROL BOARD

April

24,

1975

MOTOR WHEEL

CORPORATION,

Petitioner,

PCB 75—70

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr. Dumelle):

Motor Wheel Corporation (Petitioner)

filed a second

Motion for Disposition Without a Hearing of its variance

request.

On March

26,

1975 the Board ordered a hearing in

the above captioned case pursuant to an Environmental Protection

Agency

(Agency) Objection and Motion for Hearing that was

filed on March

13,

1975.

The Board denied Petitioner’s

Motion for Disposition Without a Hearing

filed on March

12,

1975.

On April

1,

1975 the Environmental Protection Agency

filed a Recommendation to grant the requested variance from

Rule 205(f)

of the Air Pollution Control Regulations until

May 30,

1975.

The Agency specifically withdrew its objection

which was filed on March 13,

1975.

Petitioner requests a variance from both Rule 103(b)

and Rule 205(f)

of the Air Pollution Regulations.

The

Agency recommends

that the Board grant the variance from

Rule 205(f)

and deny the variance from Rule 103(b).

The

Agency,

by withdrawing its objection,

removes the statutory

necessity for holding a hearing in that no other objection

was filed within

21 days of the date Petitioner requested a

variance.

Had the Agency filed its Recommendation rather

than a formal objection within

21 days,

the Board would be

mandated to hold

a hearing because Petitioner had requested

a variance from Rule 103(b) and the Agency had objected in

its Recommendation to such

a grant.

However,

because the

Agency has requested to withdraw its previously formal

objection,

the Board is free to exercise its discretion

whether or not to hold

a hearing pursuant to Procedural Rule

405(b)

16—479

---

—2—

The Board hereby amends its Order of March

26, 1975 and

directs that this variance request be decided without a

hearing

IT

IS SO ORDERED.

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

Contr9l Board, hereby certify the above Order was adopted on the

~Q41~4

day of April,

1975 by a vote of

______________________

Illinois

Board