ILLINOIS POLLUTION CONTROL BOARD

April

24,

1975

INTERCRAFT INDUSTRIES CORPORATION,

Petitioner,

v.

)

PCB 75—163

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD

(by

Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

on Intercraft Industries Corporation’s petition

for

a variance from Rule 205(f) (1)

of the Air Pollution

Control Regulations.

As more

fully explained in today’s King Seeley Co.

v.

E.P.A.

(75-159)

Order,

the Board

is of the opinion that the United

States Supreme Court decision of April

16,

1975,

entitled

Train v.

N.R.D.C.

et

al,

43 LW 4467,

requires additional

information be made available

to the Board where

an air

variance petition seeks

a revision beyond July of

1975.

In order for an air variance petition

to minimally

meet the standards of Procedural Rule 401(c),

the following,

in addition

to the information previously required,

must

be included

in

the variance petition:

1)

a showing by

petitioner

as

to whether the ambient air quality

of the

area effected by

the

variance meets the national ambient

air quality standards as adopted

by the Board;

and

2)

if

the ambient air quality does not meet those standards,

whether the granting of the variance would contribute

to

the area’s failure

to meet such 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.

Any petition which

does not contain

said information will

be subject

to dismissal without

prejudice

for inadequacy.

16 —509

---

—2—

The petition filed herein on April

17, 1975

is inadequate

as it failed to include the above described information.

Petitioner shall amend its petition within

45 days to

provide this information.

Failure to timely file the

amended petition with the Board and Agency shall make the

petition subject to dismissal for inadequacy.

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~,hereby certify the above Order was adopted

on the

_____________

day of

rj.&j..

,

1975 by a

vote of

4..&~

.

(I

C ristan

L. Moffet ,.~41erk

Illinois Pollution ~&htrol Board