ILLINOIS

POLLUTION

CONTROL

BOARD

April

24,1975

KING—SEELEY

CO~, Thermos Division,

)

)

Petitioner,

)

)

v.

)

PCB

75-159

)

ENVIRONMENTAL

PROTECTION

AGENCY

)

)

Respondent

INTERIM

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

by

the Pollution

Control

Board

(Board)

in

~

—See

jy

o~

Thermos

Divis

,EPA,

PCB

74~-lO7, 12 PCB

397

(1974),

The

Variance

in that

case was

granted

with

regard

to the limitations

of Rule

205(f)

of Chapter

2: Air

Pollution

of

the Board’s

Regulations,

which

limits

the

emissions

of organic materials,

PCB Regs~, Ch,

2, Rule

205(f),

Petitioner

now

states

that

it will be able

to obtain

solvents whose

use

will

not

result

in violations

of

this

Rule,

and asks

only permission

to use

up limited,

existing

stocks

of those

solvents

for which

it

was

granted

the earlier Variance.

The

Board

cannot decide

the merits

of

the

case onthe

Petition

before

us

at

this

time,

Since

the

filing

of

this Petition,

the

ILS,

Supreme

Court

has

announced

a decision

which vitally affects

the procedures

under

which

this

Board

will henceforth

grant

Air

Variances,

The April

16,

1975

decision

in Train

v, N~R,D,C,,

43

U,S.L.W~

4467

(U~S, April

16,

1975),

gives

us several

tests

which

we will follow

in

all

cases

of Variances

from

the Air Pollution

Regulations~

(Our Authority

to so

act

is clear under

Sections

5(b),

5(c)

and

26

of

the

Environmental

Protection

Act,

Ill,

Rev,

Stat, Ch~

111½,

Sec,

5(b),

5(c),

26

(1975),

)

As we interpret

the Court’s

decision,

we

shall

not,

in

essence,

grant

variances

beyond

July

31,

1975 which

result

in violations

of

the

Primary Ambient

Air

Quality

Standards

adopted by

the

Board

in

R

72—7,

May

3,

1973,

Insofar

as

the

instant Petition

fails

to

show that

such

a violation

would not

result

from the grant

of

the

requested

Variance

extension,

the Petition

is inadequate,

In explanation,

the

Board

has

in the past

shown

the relationship

between

achievement

and

maintenance

of

the Primary Ambient

Air

Quality

Standards,

and

the subsequent

effect

on

the public,

PCB

Regs.

Ch.

2, Rule

301 (Preamb1e)~

Board

Procedural

Rule

401(c)

requires

that

a Variance

Petition

show

the effect

that

a discharge

16

—

505

---

would

have “on

the public,

including

the

effect

that

continued

discharge

of contaminants

will, have upon

the

air,

water

or

land.”

PCB

Regs.

,

Ch.

1,

Rule

401(c).

We now

decide

that

Rule

401(c)

requires

a

showing

of

the

effect

of

a new

or extended

Variance

on maintenance

or achievement

of

the Ambient

Air

Quality

Standards,

as

shown

in Part

III

of Chapter

2:

Air Pollution,

of

our

Regulations.

PCB

Regs.

Ch.

2, Rules

301—312.

Specifically,

we will require

that

a Petition

show the

following:

1.

Whether

the

ambient

air quality

of

the area

effected

by the variance

meets

the

Primary

Ambient

Air

Quality

Standards

adopted

by the

Board;

2.

If

the emission

source

is contained

within

an area

which

does meet

or exceed

Ambient

Air

Quality

Standards,

that

its

emissions,

alone

or

in conjunction

with other

sources,

will not

cause

such

a violation,

or cause

a

failure

to maintain

the applica-

ble

standards;

3.

If the

emission

source

is contained

within

an area

which

does

not

currently

meet

or exceed

Ambient Air

Quality

Standards,

that

its

emissions,

alone

or

in conjunction

with other

sources,

do

not

cause

or contribute

to such

a violation.

A Petition

for Variance

which

fails

to make such

a showing

shall

be deemed

inadequate

under

Procedural

Rule 401(c).

Petitioner

shall

amend

the Petition

within

45 days

to provide

such

a

showing.

Failure

to timely

file the Amended

Petition

with

the

Board

and

the Environmental

Protection

Agency

shall

render

the Petition

herein

liable

to dismissal

for

inadequacy.

The

90—

day decision

period

set by statute

shall

run

from

the date

of

filing

the additional

information.

IT

IS

SO ORDERED.

I,

Christan

L. Moffett,

Clerk

of

the Illinois

Pollution

Control

Board hereby

certify

that

the above

Interim

Order

was

ado

ted

on

the _______day

of

__________________

,

1975 by

a vote

of ____to~

Christan

L. Mof~44,

Clerk

Illinois

Pollut4’c4~’Control

Board