ILLINOIS POLLUTION CONTROL BOARD

May 8,

1975

YORK DIVISION, BORG WARNER CORP.,

)

Petitioner,

v.

)

PCB 75—167

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

INTERIM ORDER OF THE BOARD

(By Mr. Zeitlin):

The Petition for Variance in this matter was filed on April

23,

1975;

it seeks a Variance until May 31, 1976 for Petitioner’s

Decatur

facility.

The Variance is sought with respect to

the requirements of Rule 204(c) (2) (A) of the Board~sAir

Pollution Regulations.

In the recent case of Train v. N,R.D.C.,

43 U.S.L.W.

4467

CU.S.,

April 16,

1975), the Supreme Court mandated that

air variances generally not be granted where such grants

will result in the violation of, or the failure to maintain,

the national primary ambient air quality standards.

See,

King~SeeleyCo., Thermos Div.

v. EPA, PCB 75-159

(April 24,

~~75

(Interim Order of the Board)

.

The instant Petition is

inadequate insofar as it fails to make any showing that the

ultimate grant of the requested Variance would not result in

a violation of the Supreme Court’s mandate in the Train

decision.

At page two of its Variance Petition, Petitioner states

that “the environmental impact is minimized with out plant

being located on the extreme south side of Decatur

(away

from other heavy industry)

.

..“

That statement,

taken alone,

is insufficient under the Train decision.

For the reasons stated above the instant Petition is in-

adequate.

Petitioner shall amend its Petition within 45

days of this Order to provide a showing that the requirements

of the Train decision have been satisfied.

Failure to

timely file the Amended Petition with the Board and the

Environmental Protection Agency shall render the petition

herein subject to dismissal for inadequacy.

The 90-day

16—647

---

—2—

decision period set by statute shall run from the date of

filing of the additional information required by this Order.

IT IS SO ORDERED.

I, Christan L. Noffett,

Clerk of the Illinois Pollution

Control Board hereby certify that the above Interim Order of

the Board was adopted on the

-

~

day of

~

1975 by a vote of

~

to

sj

I

-~c~

Christan L. ~1offett;Clerk

Illinois Pollution —Gontrol Board